Shaw v. United States
Pending petitionLinked with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 22-118 | 9th Cir. | TBD | TBD | TBD | TBD | TBD |
Issues: (1) Whether the jury clauses of Article III and the Sixth Amendment or the due process clause of the Fifth Amendment bar a court from imposing a more severe criminal sentence on the basis of conduct that a jury necessarily rejected, given its verdicts of acquittal on other counts at the same trial; (2) whether the Supreme Court‘s decision in United States v. Watts should be overruled; and (3) whether, in avoidance of the constitutional question, the rules of issue preclusion, as applied in federal criminal cases, bar imposition of an aggravated sentence on a factual predicate necessarily rejected by the jury at trial in the same case.
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| Date | Proceedings and Orders |
|---|---|
| May 18 2022 | Application (21A747) to extend the time to file a petition for a writ of certiorari from June 2, 2022 to August 1, 2022, submitted to Justice Kagan. |
| May 20 2022 | Application (21A747) granted by Justice Kagan extending the time to file until August 1, 2022. |
| Aug 01 2022 | Petition for a writ of certiorari filed. (Response due September 7, 2022) |
| Aug 30 2022 | Motion to extend the time to file a response from September 7, 2022 to October 7, 2022, submitted to The Clerk. |
| Aug 31 2022 | Motion to extend the time to file a response is granted and the time is extended to and including October 7, 2022. |
| Sep 28 2022 | Motion to extend the time to file a response from October 7, 2022 to November 7, 2022, submitted to The Clerk. |
| Sep 30 2022 | Motion to extend the time to file a response is granted and the time is further extended to and including November 7, 2022. |
| Nov 07 2022 | Brief of respondent United States in opposition filed. |
| Nov 18 2022 | Reply of petitioner Marquis Shaw filed. (Distributed) |
| Nov 22 2022 | DISTRIBUTED for Conference of 12/9/2022. |
| Dec 08 2022 | Rescheduled. |
| Dec 14 2022 | DISTRIBUTED for Conference of 1/6/2023. |
| Jan 03 2023 | Rescheduled. |
| Jan 09 2023 | DISTRIBUTED for Conference of 1/13/2023. |
| Jan 17 2023 | DISTRIBUTED for Conference of 1/20/2023. |
| Jan 18 2023 | Letter of respondent United States filed. VIDED. (Distributed) |
| Apr 06 2023 | Letter of respondent United States filed. VIDED. |
| Apr 06 2023 | Letter of petitioner filed. |
| Apr 25 2023 | DISTRIBUTED for Conference of 5/11/2023. |
| May 09 2023 | Rescheduled. |
| May 15 2023 | DISTRIBUTED for Conference of 5/18/2023. |
| May 22 2023 | DISTRIBUTED for Conference of 5/25/2023. |
| May 30 2023 | DISTRIBUTED for Conference of 6/1/2023. |
| Jun 05 2023 | DISTRIBUTED for Conference of 6/8/2023. |
