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DiCristina v. United States

Certiorari Denied

Petition for certiorari denied on February 24, 2014.

Docket No.13-564
Op. Below2d Cir.

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).

Proceedings & orders timeline

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

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