No. 19-107

Vincent Asaro v. United States

Lower Court: Second Circuit
Docketed: 2019-07-22
Status: Denied
Type: Paid
Amici (3)Response RequestedResponse WaivedRelisted (3) Experienced Counsel
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
Latest Conference: 2020-02-21 (distributed 3 times)
Question Presented (from Petition)

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 (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

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 SchweikertThe Cato Institute, Amicus
Due Process Institute
Shana-Tara O'TooleDUE PROCESS INSTITUTE, Amicus
The National Association of Federal Defenders and FAMM
Anton MetlitskyO'Melveny & Myers, LLP, Amicus
United States
Noel J. FranciscoSolicitor General, Respondent
Vincent Asaro
Lisa Schiavo BlattWilliams & Connolly LLP, Petitioner