Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

Loughrin v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
13-316 10th Cir Apr 1, 2014
Tr.Aud.
Jun 23, 2014 9-0 Kagan OT 2013

Disclosure: Kevin Russell of Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.

Holding: A conviction under 18 U.S.C. § 1344(2), which makes it a crime to "knowing execut[e] a scheme … to obtain " property owned by, or under the custody of, a bank "by means of false or fraudulent pretenses," does not require the government to prove that a defendant intended to defraud a financial institution.

Judgment: Affirmed on June 23, 2014. Justices Scalia and Thomas join the opinion as to Parts I and II, Part III-A except the last paragraph, an the last footnote of Part III-B. Justice Scalia filed an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined. Justice Alito filed an opinion concurring in part and concurring in the judgement.

SCOTUSblog Coverage

DateProceedings and Orders
Sep 9 2013Petition for a writ of certiorari filed. (Response due October 11, 2013)
Oct 1 2013Order extending time to file response to petition to and including November 12, 2013.
Nov 15 2013Order further extending time to file response to petition to and including November 18, 2013.
Nov 18 2013Brief of respondent United States in opposition filed.
Nov 25 2013Reply of petitioner Kevin Loughrin filed.
Nov 26 2013DISTRIBUTED for Conference of December 13, 2013.
Dec 13 2013Petition GRANTED.
Jan 8 2014SET FOR ARGUMENT ON Tuesday, April 1, 2014
Jan 14 2014Record received from U.S.C.A. 10th Circuit, part of the record is electronic and located on PACER. The other part of the record received in one envelope is SEALED.
Jan 27 2014Joint appendix filed.
Jan 27 2014Brief of petitioner Kevin Loughrin filed.
Feb 3 2014CIRCULATED.
Feb 3 2014Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Feb 26 2014Brief of respondent United States filed. (Distributed)
Mar 18 2014Reply of petitioner Kevin Loughrin filed. (Distributed)
Apr 1 2014Argued. For petitioner: Kevin K. Russell, Washington, D. C. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 23 2014Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined, and in which Scalia and Thomas, JJ., joined as to Parts I and II, Part III-A except the last paragraph, and the last footnote of Part III-B. Scalia, J., filed an opinion concurring in part and concurring in the judgment, in which Thomas, J., joined. Alito, J., filed an opinion concurring in part and concurring in the judgment.
Jul 25 2014JUDGMENT ISSUED.
Jul 29 2014Record returned for U.S.C.A. for 10th Circuit.
 
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