No. 25-970
Tags: acquitted-conduct beyond-reasonable-doubt fifth-amendment judge-found-facts sentencing sixth-amendment
Latest Conference:
N/A
Question Presented (from Petition)
Whether the Fifth and Sixth Amendments prohibit federal courts from increasing a criminal defendant's authorized punishment based on conduct—including uncharged, dismissed, or acquitted conduct—that was never admitted by the defendant or proven to the jury beyond a reasonable doubt.
Question Presented (AI Summary)
Whether the Fifth and Sixth Amendments prohibit federal courts from increasing a criminal defendant's authorized punishment based on uncharged, dismissed, or acquitted conduct that was never admitted by the defendant or proven to the jury beyond a reasonable doubt
Docket Entries
2026-03-24
Amicus brief of 18 Former Federal Judges submitted.
2026-03-23
Response Requested. (Due April 22, 2026)
2026-03-20
Motion of National Association of Criminal Defense Lawyers for leave to file amicus brief submitted.
2026-03-20
Amicus brief of Law Professors Douglas Berman, et al. submitted.
2026-03-20
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2026-03-20
Motion of Law Professors Douglas Berman, et al. for leave to file amicus brief submitted.
2026-03-20
Motion of LAW PROFESSORS DOUGLAS BERMAN, ABBE SMITH, AND VALERIE HANS for leave to file amicus brief submitted.
2026-03-20
Amicus brief of 18 Former Federal Judges submitted.
2026-03-17
DISTRIBUTED for Conference of 4/2/2026.
2026-03-13
Waiver of right of respondent United States to respond filed.
2026-02-13
Petition for a writ of certiorari filed. (Response due March 20, 2026)
2025-12-01
Application (25A629) granted by Justice Kagan extending the time to file until February 13, 2026.
2025-11-25
Application (25A629) to extend the time to file a petition for a writ of certiorari from January 14, 2026 to February 13, 2026, submitted to Justice Kagan.
Attorneys
18 Former Federal Judges
Christopher D. Man — Winston & Strawn LLP, Amicus
DOUGLAS BERMAN
Keith Bradley — Squire Patton Boggs (U.S.) LLP, Amicus
National Association of Criminal Defense Lawyers
Joseph Aaron Pace — J. Pace Law PLLC, Amicus
Rami Ghanem
Neal Kumar Katyal — Milbank LLP, Petitioner
United States
D. John Sauer — Solicitor General, Respondent