Argument Preview: Flores-Figueroa v. US

Stanford student Daniel Matro previews Flores-Figueroa v. US (08-108).  Please note that Howe & Russell represents the petitioner. The federal aggravated identity theft statute, 18 U.S.C. § 1028A(a)(1), imposes a mandatory two-year sentence on anyone who, during and in relation to certain predicate offenses, "knowingly transfers, possesses, or uses, without lawful authority, a means of [...]

New Filing: Reply Brief in Aggravated Identity Theft Case

Today we are filing our reply brief in Flores-Figueora v. United States, No. 08-108, in conjunction with the Stanford Supreme Court Litigation clinic and local counsel, Gary Koos of Koos & Meloy in Bettendorf, Iowa.  The case concerns the scope of the federal Aggravated Identity Theft statute, 18 U.S.C. § 1028A(a)(1).  More information about the [...]

The Week Ahead

On Monday, the Court will be closed in observance of the birth of Dr. Martin Luther King, Jr. On Tuesday, the Court will be closed for Inauguration Day. On Wednesday,  the Court will release the remaining orders from the Justices’ private conference on Friday, as well as hear argument in: Corley v. United States (07-10441), [...]

New Filing in Flores-Figueroa v. United States

Today we filed petitioner’s brief in Flores-Figueroa v. United States, No. 08-108.  The case presents the question whether to establish a violation of the federal “aggravated identity theft” statute, the Government must prove that the defendant knew that the false identification numbers he was using in fact belonged to someone else (as opposed to having been [...]

The Week Ahead

On Monday, the Court may issue one or more opinions in pending cases, as well as release the remaining orders from the Justices’ private conference last Friday. Following Monday, no oral arguments are scheduled and no non-capital orders are expected to be issued until at least January 9. Merits briefs for petitioners are due Monday [...]

February calendar, day by day

The Supreme Court on Monday released the oral argument calendar for the session beginning Monday, Feb. 23, and continuing through Wednesday, March 4.  The calendar can be found here.  All of the hearings will be in the mornings. Here are the scheduled cases, with brief summaries of the issues involved: Mon., Feb. 23: U.S. v. Navajo [...]

Today’s Orders | 10.20.08

Today’s orders list is now available here. The Court granted certiorari in one case, Flores-Figueroa v. United States (08-108). Justice Stevens issued a statement respecting the denial of certiorari in Walker v. Georgia (08-5385), a capital case (available here). Justice Thomas concurred in the denial of certiorari (available here). Filings in both cases are available [...]

Court to hear identity theft case

The Supreme Court, in the only new grant on Monday, agreed to spell out the proof that federal prosecutors must offer in order to obtain a more severe punishment for criminal identity theft under a 2004 law.  The granted case is Flores-Figueroa v. U.S. (08-108).  The Justice Department, noting a split in the lower courts on [...]

Conference Call: Justices Asked to Take Up Fake ID Cases

The following column, featuring a selected petition up for consideration at the Justices' private conference on October 17, appears in today's edition of Legal Times (available to subscribers here). To access the certiorari-stage filings, or see other cases on the list of petitions to watch at Friday's conference, click here. Both Igancio Flores and Nicasio [...]

Petitions to Watch | Conference of 10.10.08 and 10.17.08

This edition of "Petitions to Watch" features cases up for consideration at the Justices' private conferences on October 10 and October 17. As always, the list contains the petitions on the Court's paid docket that Tom has deemed to have a reasonable chance of being granted. (Note: this week, the list also includes a pauper [...]

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