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Cotterman v. United States

Petition for certiorari denied on January 13, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
13-186 9th Cir. N/A N/A N/A N/A OT 2012

Issue: Whether the Ninth Circuit violated the Constitution, created circuit splits, contravened this Court’s decisions, and subverted the appellate process by replacing the question presented by the parties with an issue that the prosecution deliberately abandoned, and by making a factual finding (i.e. that reasonable suspicion existed) for the first time on appeal that disregarded the factual findings of the district court and agents at the scene, and then by holding that a citizen’s personal belongings may be seized at the border with no suspicion of wrongdoing.

DateProceedings and Orders (key to color coding)
May 23 2013Application (12A1133) to extend the time to file a petition for a writ of certiorari from June 6, 2013 to August 5, 2013, submitted to Justice Kennedy.
Jun 4 2013Application (12A1133) granted by Justice Kennedy extending the time to file until July 6, 2013.
Jun 12 2013Application (12A1133) to extend further the time from July 6, 2013 to August 5, 2013, submitted to Justice Kennedy.
Jun 20 2013Application (12A1133) granted by Justice Kennedy extending the time to file until August 5, 2013.
Aug 5 2013Petition for a writ of certiorari filed. (Response due September 9, 2013)
Aug 15 2013Waiver of right of respondent United States to respond filed.
Aug 21 2013DISTRIBUTED for Conference of September 30, 2013.
Sep 9 2013Response Requested . (Due October 9, 2013)
Sep 9 2013Brief amici curiae of U.S. Border Control Foundation, et al. filed.
Oct 4 2013Order extending time to file response to petition to and including November 8, 2013.
Oct 31 2013Order further extending time to file response to petition to and including November 29, 2013.
Nov 29 2013Brief of respondent United States in opposition filed.
Dec 10 2013Reply of petitioner Howard Wesley Cotterman filed.
Dec 18 2013DISTRIBUTED for Conference of January 10, 2014.
Jan 13 2014Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
Feb 5 2014Petition for Rehearing filed.
Feb 12 2014DISTRIBUTED for Conference of February 28, 2014.
Mar 3 2014Rehearing DENIED. Justice Kagan took no part in the consideration or decision of this petition.