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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.

SCOTUSblog Coverage

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.