DiCristina v. United States

Petition for certiorari denied on February 24, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-564 2d Cir. N/A N/A N/A N/A OT 2013

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, serves as counsel to an amicus in this case, which is listed without regard to the likelihood that it will be granted.

Issue: (1) Whether 18 U.S.C. § 1955, which outlaws certain “gambling business[es]” and provides that gambling “includes but is not limited to pool-selling, bookmaking, maintaining slot machines, roulette wheels or dice tables, and conducting lotteries, policy, bolita or numbers games, or selling chances therein,” makes it a federal felony to host poker games; and (2) whether including-but-not-limited-to clauses merely provide examples without in any way limiting the term being defined (as five circuits have held) or whether they restrict the term being defined to things of the same general kind as those enumerated (as four circuits and many state courts of last resort have held).

SCOTUSblog Coverage

DateProceedings and Orders
Nov 4 2013Petition for a writ of certiorari filed. (Response due December 6, 2013)
Nov 25 2013Order extending time to file response to petition to and including January 6, 2014.
Dec 3 2013Consent to the fiing of amicus cuirae briefs, in support of either party or of neither party, received from counsel for the petitioner
Dec 6 2013Brief amici curiae of Champion Scrabble and Bridge Players filed.
Dec 6 2013Brief amicus curiae of Robert C. Hannum, PH.D. filed.
Dec 6 2013Brief amici curiae of Amateur Poker Players filed.
Dec 6 2013Brief amicus curiae of Poker Players Alliance filed.
Dec 6 2013Brief amicus curiae of James McManus filed.
Jan 6 2014Brief of respondent United States in opposition filed.
Jan 22 2014DISTRIBUTED for Conference of February 21, 2014.
Jan 22 2014Reply of petitioner Lawrence DiCristina filed. (Distributed)
Feb 24 2014Petition DENIED.
 
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