The petition of the day is:

Rubashkin v. United States

Docket: 11-1203
Issue(s): (1) Whether Federal Rule of Criminal Procedure 33 requires a criminal defendant with newly discovered evidence that goes not to guilt or innocence but to the fundamental fairness of his criminal trial – here, that the trial judge should have been recused under 28 U.S.C. § 455(a) – to show nonetheless that the new evidence would probably lead to his acquittal; and (2) whether a sentence is unreasonable when a district court fails to consider and explain on the record, as required by this Court’s precedents, its basis for rejecting a defendant’s nonfrivolous argument for a below-Guidelines sentence – resulting in, here, a twenty-seven-year sentence for a first-time, nonviolent offender that is significantly greater than sentences for similarly situated individuals.

Certiorari stage documents:

Posted in Rubashkin v. U.S., Cases in the Pipeline

Recommended Citation: Ben Cheng, Petition of the Day, SCOTUSblog (Sep. 24, 2012, 11:09 PM),