No. 19-107
Vincent Asaro v. United States
Tags: 5th-amendment 6th-amendment acquitted-conduct criminal-procedure criminal-sentencing due-process fifth-amendment jury-trial-right sentencing sixth-amendment
Key Terms:
DueProcess FifthAmendment JusticiabilityDoctri
DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference:
2020-02-21
(distributed 3 times)
Question Presented (AI Summary)
Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct underlying a charge for which the defendant was acquitted by a jury
Question Presented (OCR Extract)
QUESTION PRESENTED Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant’s sentence on conduct underlying a charge for which the defendant was acquitted by a jury. (1) RELATED CASES The other defendants in the proceeding before the United States District Court for the Eastern District of New York were John J. Gotti, Michael Guidici, and Matthew Rullan. None appealed their conviction or sentence to the United States Court of Appeals for the Second Circuit. (II)
Docket Entries
2020-02-24
Petition DENIED.
2020-01-15
DISTRIBUTED for Conference of 2/21/2020.
2019-12-03
Rescheduled.
2019-11-26
DISTRIBUTED for Conference of 12/13/2019.
2019-11-18
Waiver of 14-day waiting period for distribution of the petition under Rule 15.5 filed.
2019-11-18
Reply of petitioner Vincent Asaro filed.
2019-11-12
Brief of respondent United States in opposition filed.
2019-10-07
Motion to extend the time to file a response is granted and the time is further extended to and including November 12, 2019.
2019-10-04
Motion to extend the time to file a response from October 18, 2019 to November 12, 2019, submitted to The Clerk.
2019-09-18
Brief amici curiae of The National Association of Federal Defenders and FAMM filed.
2019-09-18
Brief amicus curiae of Cato Institute filed.
2019-09-11
Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2019.
2019-09-10
Motion to extend the time to file a response from September 18, 2019 to October 18, 2019, submitted to The Clerk.
2019-08-19
Response Requested. (Due September 18, 2019)
2019-08-14
DISTRIBUTED for Conference of 10/1/2019.
2019-08-13
Brief amicus curiae of Due Process Institute filed. (Distributed)
2019-08-12
Supplemental brief of petitioner Vincent Asaro filed.
2019-08-08
Waiver of right of respondent United States to respond filed.
2019-08-07
Blanket Consent filed by Petitioner, Vincent Asaro.
2019-07-22
Petition for a writ of certiorari filed. (Response due August 21, 2019)
Attorneys
Cato Institute
Jay Remington Schweikert — The Cato Institute, Amicus
Due Process Institute
Shana-Tara O'Toole — DUE PROCESS INSTITUTE, Amicus
The National Association of Federal Defenders and FAMM
Anton Metlitsky — O'Melveny & Myers, LLP, Amicus
United States
Noel J. Francisco — Solicitor General, Respondent
Vincent Asaro
Lisa Schiavo Blatt — Williams & Connolly LLP, Petitioner