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
- Petition of the day (Mary Pat Dwyer)
| Date | Proceedings and Orders |
|---|---|
| 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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