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McClinton v. United States

Certiorari Denied

Petition for certiorari denied on June 30, 2023.

Docket No.21-1557
Op. Below7th Cir.

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.

Proceedings & orders timeline

Mar 15, 2022
Application (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, 2022
Application (21A530) granted by Justice Barrett extending the time to file until June 11, 2022.
Jun 10, 2022
Petition for a writ of certiorari filed. (Response due July 14, 2022)
Jun 16, 2022
Waiver of right of respondent United States to respond filed.
Jun 22, 2022
DISTRIBUTED for Conference of 9/28/2022.
Jun 30, 2022
Brief amici curiae of Americans for Prosperity Foundation, et al. filed. (Distributed)
Jul 8, 2022
Brief amicus curiae of Professor Douglas Berman filed. (Distributed)
Jul 14, 2022
Response Requested. (Due August 15, 2022)
Jul 14, 2022
Brief amicus curiae of Cato Institute filed.
Jul 14, 2022
Brief amici curiae of The National Association of Federal Defenders, et al. filed.
Aug 10, 2022
Motion to extend the time to file a response from August 15, 2022 to September 14, 2022, submitted to The Clerk.
Aug 10, 2022
Brief amici curiae of 17 Former Federal Judges filed.
Aug 11, 2022
Motion to extend the time to file a response is granted and the time is extended to and including September 14, 2022.
Aug 15, 2022
Brief amicus curiae of Due Process Institute filed.
Sep 6, 2022
Motion to extend the time to file a response from September 14, 2022 to October 14, 2022, submitted to The Clerk.
Sep 7, 2022
Motion to extend the time to file a response is granted and the time is further extended to and including October 14, 2022.
Oct 11, 2022
Motion to extend the time to file a response from October 14, 2022 to October 28, 2022, submitted to The Clerk.
Oct 12, 2022
Motion to extend the time to file a response is granted and the time is further extended to and including October 28, 2022.
Oct 28, 2022
Brief of respondent United States in opposition filed.
Nov 11, 2022
Reply of petitioner Dayonta McClinton filed. (Distributed)
Nov 15, 2022
DISTRIBUTED for Conference of 12/2/2022.
Nov 29, 2022
Rescheduled.
Dec 5, 2022
DISTRIBUTED for Conference of 12/9/2022.
Dec 8, 2022
Rescheduled.
Dec 14, 2022
DISTRIBUTED for Conference of 1/6/2023.
Jan 3, 2023
Rescheduled.
Jan 9, 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)
Jan 19, 2023
Supplemental brief of petitioner Dayonta McClinton filed.
Mar 7, 2023
Supplemental brief of petitioner Dayonta McClinton filed.
Apr 6, 2023
Letter of respondent United States filed. VIDED.
Apr 25, 2023
DISTRIBUTED for Conference of 5/11/2023.
May 9, 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 5, 2023
DISTRIBUTED for Conference of 6/8/2023.
Jun 7, 2023
Supplemental brief of petitioner Dayonta McClinton filed. (Distributed)
Jun 12, 2023
DISTRIBUTED for Conference of 6/15/2023.
Jun 20, 2023
DISTRIBUTED for Conference of 6/22/2023.
Jun 29, 2023
DISTRIBUTED for Conference of 6/29/2023.
Jun 30, 2023
Petition 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)

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