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Shaw v. United States

Pending petition
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.

DateProceedings and Orders (key to color coding)
May 18 2022Application (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 2022Application (21A747) granted by Justice Kagan extending the time to file until August 1, 2022.
Aug 01 2022Petition for a writ of certiorari filed. (Response due September 7, 2022)
Aug 30 2022Motion to extend the time to file a response from September 7, 2022 to October 7, 2022, submitted to The Clerk.
Aug 31 2022Motion to extend the time to file a response is granted and the time is extended to and including October 7, 2022.
Sep 28 2022Motion to extend the time to file a response from October 7, 2022 to November 7, 2022, submitted to The Clerk.
Sep 30 2022Motion to extend the time to file a response is granted and the time is further extended to and including November 7, 2022.
Nov 07 2022Brief of respondent United States in opposition filed.
Nov 18 2022Reply of petitioner Marquis Shaw filed. (Distributed)
Nov 22 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)