No. 21-1557
Dayonta McClinton v. United States
Amici (6)Response RequestedResponse WaivedRelisted (14)
Tags: criminal-procedure criminal-sentencing double-jeopardy fifth-amendment judicial-discretion jury-acquittal sentencing sixth-amendment
Key Terms:
DueProcess FifthAmendment
DueProcess FifthAmendment
Latest Conference:
2023-06-29
(distributed 14 times)
Question Presented (AI Summary)
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
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 for which a jury has acquitted the defendant. (I)
Docket Entries
2023-06-30
Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/22pdf/21-1557_3kg4.pdf'>Opinion</a>) Statement of Justice Kavanaugh, with whom Justice Gorsuch and Justice Barrett join, respecting the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/22pdf/21-1557_3kg4.pdf#page=6'>Opinion</a>) Justice Alito, concurring in the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/22pdf/21-1557_3kg4.pdf#page=7'>Opinion</a>)
2023-06-29
DISTRIBUTED for Conference of 6/29/2023.
2023-06-20
DISTRIBUTED for Conference of 6/22/2023.
2023-06-12
DISTRIBUTED for Conference of 6/15/2023.
2023-06-07
Supplemental brief of petitioner Dayonta McClinton filed. (Distributed)
2023-06-05
DISTRIBUTED for Conference of 6/8/2023.
2023-05-30
DISTRIBUTED for Conference of 6/1/2023.
2023-05-22
DISTRIBUTED for Conference of 5/25/2023.
2023-05-15
DISTRIBUTED for Conference of 5/18/2023.
2023-05-09
Rescheduled.
2023-04-25
DISTRIBUTED for Conference of 5/11/2023.
2023-03-07
Supplemental brief of petitioner Dayonta McClinton filed.
2023-01-19
Supplemental brief of petitioner Dayonta McClinton filed.
2023-01-17
DISTRIBUTED for Conference of 1/20/2023.
2023-01-09
DISTRIBUTED for Conference of 1/13/2023.
2023-01-03
Rescheduled.
2022-12-14
DISTRIBUTED for Conference of 1/6/2023.
2022-12-08
Rescheduled.
2022-12-05
DISTRIBUTED for Conference of 12/9/2022.
2022-11-29
Rescheduled.
2022-11-15
DISTRIBUTED for Conference of 12/2/2022.
2022-11-11
Reply of petitioner Dayonta McClinton filed. (Distributed)
2022-10-28
Brief of respondent United States in opposition filed.
2022-10-12
Motion to extend the time to file a response is granted and the time is further extended to and including October 28, 2022.
2022-10-11
Motion to extend the time to file a response from October 14, 2022 to October 28, 2022, submitted to The Clerk.
2022-09-07
Motion to extend the time to file a response is granted and the time is further extended to and including October 14, 2022.
2022-09-06
Motion to extend the time to file a response from September 14, 2022 to October 14, 2022, submitted to The Clerk.
2022-08-15
Brief amicus curiae of Due Process Institute filed.
2022-08-11
Motion to extend the time to file a response is granted and the time is extended to and including September 14, 2022.
2022-08-10
Brief amici curiae of 17 Former Federal Judges filed.
2022-08-10
Motion to extend the time to file a response from August 15, 2022 to September 14, 2022, submitted to The Clerk.
2022-07-14
Brief amici curiae of The National Association of Federal Defenders, et al. filed.
2022-07-14
Brief amicus curiae of Cato Institute filed.
2022-07-14
Response Requested. (Due August 15, 2022)
2022-07-08
Brief amicus curiae of Professor Douglas Berman filed. (Distributed)
2022-06-30
Brief amici curiae of Americans for Prosperity Foundation, et al. filed. (Distributed)
2022-06-22
DISTRIBUTED for Conference of 9/28/2022.
2022-06-16
Waiver of right of respondent United States to respond filed.
2022-06-10
Petition for a writ of certiorari filed. (Response due July 14, 2022)
2022-03-22
Application (21A530) granted by Justice Barrett extending the time to file until June 11, 2022.
2022-03-15
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.
Attorneys
17 Former Federal Judges
Christopher D. Man — Winston & Strawn LLP, Amicus
Americans for Prosperity Foundation et al.
Cato Institute
Jay Remington Schweikert — The Cato Institute, Amicus
Dayonta McClinton
Elie Salamon — Arnold & Porter Kaye Scholer LLP, Petitioner
Due Process Institute
Shana-Tara O'Toole — DUE PROCESS INSTITUTE, Amicus
Professor Douglas Berman
Keith Bradley — Squire Patton Boggs (U.S.) LLP, Amicus
The National Association of Federal Defenders and FAMM
Jonathan Podolsky Schneller — O'Melveny & Myers, Amicus
United States
Elizabeth B. Prelogar — Respondent