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Aiello v. United States

Petition for certiorari granted, judgment vacated, and case remanded to the U.S. Court of Appeals for the 2nd Circuit for further consideration in light of Percoco v. United States and Ciminelli v. United States.

Docket No. Op. Below Argument Opinion Vote Author Term
21-1161 2nd Cir. N/A N/A N/A N/A OT 2022

Issue: (1) Whether paying an influential private citizen to advocate one"s position before a government agency can constitute honest services fraud under 18 U.S.C. " 1346; and (2) whether deception that deprives a person of "potentially valuable economic information," without more, can constitute "money or property" fraud under the federal mail and wire fraud statutes.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
01/07/2022Application (21A298) granted by Justice Sotomayor extending the time to file until March 1, 2022.
02/18/2022Petition for a writ of certiorari filed. (Response due March 25, 2022)
03/17/2022Motion to extend the time to file a response from March 25, 2022 to April 25, 2022, submitted to The Clerk.
03/21/2022Motion to extend the time to file a response is granted and the time is extended to and including April 25, 2022.
03/24/2022Brief amicus curiae of New York Council of Defense Lawyers filed. VIDED.
03/25/2022Brief amici curiae of Criminal Law Scholars filed.
04/05/2022Motion to extend the time to file a response from April 25, 2022 to May 24, 2022, submitted to The Clerk.
04/07/2022Motion to extend the time to file a response is granted and the time is further extended to and including May 24, 2022.
05/24/2022Brief of respondent United States in opposition filed. VIDED.
06/03/2022Reply of petitioners Steven Aiello and Joseph Gerardi filed. (Distributed)
06/07/2022DISTRIBUTED for Conference of 6/23/2022.
06/29/2022DISTRIBUTED for Conference of 6/29/2022.
05/15/2023DISTRIBUTED for Conference of 5/18/2023.
05/22/2023Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Percoco v. United States, 598 U. S. ___ (2023) and Ciminelli v. United States, 598 U. S. ___ (2023).
06/23/2023Judgment issued.