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
Latest Conference:
2023-06-29
(distributed 14 times)
Question Presented (from Petition)
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 (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
Docket Entries
2023-06-30
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)
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