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McClinton v. United States

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Petition for certiorari denied on June 30, 2023
Docket No. Op. Below Argument Opinion Vote Author Term
21-1557 7th Cir. N/A N/A N/A N/A OT 2022

Issue: Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant’s sentence on conduct for which a jury has acquitted the defendant.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 15 2022Application (21A530) to extend the time to file a petition for a writ of certiorari from April 12, 2022 to June 11, 2022, submitted to Justice Barrett.
Mar 22 2022Application (21A530) granted by Justice Barrett extending the time to file until June 11, 2022.
Jun 10 2022Petition for a writ of certiorari filed. (Response due July 14, 2022)
Jun 16 2022Waiver of right of respondent United States to respond filed.
Jun 22 2022DISTRIBUTED for Conference of 9/28/2022.
Jun 30 2022Brief amici curiae of Americans for Prosperity Foundation, et al. filed. (Distributed)
Jul 08 2022Brief amicus curiae of Professor Douglas Berman filed. (Distributed)
Jul 14 2022Response Requested. (Due August 15, 2022)
Jul 14 2022Brief amicus curiae of Cato Institute filed.
Jul 14 2022Brief amici curiae of The National Association of Federal Defenders, et al. filed.
Aug 10 2022Motion to extend the time to file a response from August 15, 2022 to September 14, 2022, submitted to The Clerk.
Aug 10 2022Brief amici curiae of 17 Former Federal Judges filed.
Aug 11 2022Motion to extend the time to file a response is granted and the time is extended to and including September 14, 2022.
Aug 15 2022Brief amicus curiae of Due Process Institute filed.
Sep 06 2022Motion to extend the time to file a response from September 14, 2022 to October 14, 2022, submitted to The Clerk.
Sep 07 2022Motion to extend the time to file a response is granted and the time is further extended to and including October 14, 2022.
Oct 11 2022Motion to extend the time to file a response from October 14, 2022 to October 28, 2022, submitted to The Clerk.
Oct 12 2022Motion to extend the time to file a response is granted and the time is further extended to and including October 28, 2022.
Oct 28 2022Brief of respondent United States in opposition filed.
Nov 11 2022Reply of petitioner Dayonta McClinton filed. (Distributed)
Nov 15 2022DISTRIBUTED for Conference of 12/2/2022.
Nov 29 2022Rescheduled.
Dec 05 2022DISTRIBUTED for Conference of 12/9/2022.
Dec 08 2022Rescheduled.
Dec 14 2022DISTRIBUTED for Conference of 1/6/2023.
Jan 03 2023Rescheduled.
Jan 09 2023DISTRIBUTED for Conference of 1/13/2023.
Jan 17 2023DISTRIBUTED for Conference of 1/20/2023.
Jan 18 2023Letter of respondent United States filed. VIDED. (Distributed)
Jan 19 2023Supplemental brief of petitioner Dayonta McClinton filed.
Mar 07 2023Supplemental brief of petitioner Dayonta McClinton filed.
Apr 06 2023Letter of respondent United States filed. VIDED.
Apr 25 2023DISTRIBUTED for Conference of 5/11/2023.
May 09 2023Rescheduled.
May 15 2023DISTRIBUTED for Conference of 5/18/2023.
May 22 2023DISTRIBUTED for Conference of 5/25/2023.
May 30 2023DISTRIBUTED for Conference of 6/1/2023.
Jun 05 2023DISTRIBUTED for Conference of 6/8/2023.
Jun 07 2023Supplemental brief of petitioner Dayonta McClinton filed. (Distributed)
Jun 12 2023DISTRIBUTED for Conference of 6/15/2023.
Jun 20 2023DISTRIBUTED for Conference of 6/22/2023.
Jun 29 2023DISTRIBUTED for Conference of 6/29/2023.
Jun 30 2023Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached Opinion) Statement of Justice Kavanaugh, with whom Justice Gorsuch and Justice Barrett join, respecting the denial of certiorari. (Detached Opinion) Justice Alito, concurring in the denial of certiorari. (Detached Opinion)