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Dubin v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 22-10 | 5th Cir. |
Feb 27, 2023 |
Jun 8, 2023 | 9-0 | Sotomayor | OT 2022 |
Holding: Under 18 U.S.C. § 1028A(a)(1)’s crime of “aggravated identity theft,” a defendant “uses” another person’s means of identification “in relation to” a predicate offense when the use is at the crux of what makes the conduct criminal.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Sotomayor on June 8, 2023. Justice Gorsuch filed an opinion concurring in the judgment.
SCOTUSblog Coverage
- Supreme Court cabins reach of aggravated identity theft statute (Daniel Harawa, June 9, 2023)
- Justices lean toward narrow reading of aggravated identity theft (Daniel Harawa, February 28, 2023)
- Literalism vs. lenity in a case on the scope of federal identity theft (Daniel Harawa, February 24, 2023)
- Court schedules February arguments on student-loan relief, tech companies’ liability (Amy Howe, December 19, 2022)
- Justices will review scope of identity theft in case involving Medicaid fraud (Amy Howe, November 10, 2022)
- Justices will take a closer look at a capital conviction that prosecutors no longer support (John Elwood, November 9, 2022)
- Intellectual property and Navajo water rights (John Elwood, November 2, 2022)
- What constitutes “identity theft”? (John Elwood, October 26, 2022)
- Health care fraud case sharpens dispute over what counts as “aggravated identity theft” (Kalvis Golde, July 22, 2022)
| Date | Proceedings and Orders |
|---|---|
| May 05 2022 | Application (21A694) to extend the time to file a petition for a writ of certiorari from June 1, 2022 to July 31, 2022, submitted to Justice Alito. |
| May 11 2022 | Application (21A694) granted by Justice Alito extending the time to file until July 1, 2022. |
| Jun 30 2022 | Petition for a writ of certiorari filed. (Response due August 4, 2022) |
| Jul 27 2022 | Motion to extend the time to file a response from August 4, 2022 to September 6, 2022, submitted to The Clerk. |
| Aug 01 2022 | Motion to extend the time to file a response is granted and the time is extended to and including September 6, 2022. |
| Aug 02 2022 | Brief amici curiae of National Association of Criminal Defense Lawyers filed. |
| Sep 02 2022 | Motion to extend the time to file a response from September 6, 2022 to September 8, 2022, submitted to The Clerk. |
| Sep 06 2022 | Motion to extend the time to file a response is granted and the time is further extended to and including September 8, 2022. |
| Sep 08 2022 | Brief of respondent United States in opposition filed. |
| Sep 28 2022 | DISTRIBUTED for Conference of 10/14/2022. |
| Sep 28 2022 | Reply of petitioner David Dubin filed. (Distributed) |
| Oct 24 2022 | DISTRIBUTED for Conference of 10/28/2022. |
| Oct 31 2022 | DISTRIBUTED for Conference of 11/4/2022. |
| Nov 07 2022 | DISTRIBUTED for Conference of 11/10/2022. |
| Nov 10 2022 | Petition GRANTED. |
| Dec 08 2022 | Blanket Consent filed by Petitioner, David Dubin |
| Dec 19 2022 | SET FOR ARGUMENT on Monday, February 27, 2023. |
| Dec 20 2022 | Record requested from the U.S.C.A. for the Fifth Circuit. |
| Dec 23 2022 | Brief of petitioner David Dubin filed. |
| Dec 23 2022 | Joint appendix filed. |
| Dec 27 2022 | Brief amicus curiae of Professor Joel S. Johnson filed. |
| Dec 29 2022 | Brief amici curiae of National Association of Criminal Defense Lawyers filed. |
| Dec 29 2022 | Brief amicus curiae of National Association of Federal Defenders filed. |
| Dec 30 2022 | Record from the U.S.C.A.-5th Circuit is available on PACER. |
| Jan 04 2023 | Record received from the U.S.D.C.-Western District of Texas. Electronic Record on Appeal transmitted electronically. |
| Jan 17 2023 | CIRCULATED |
| Jan 23 2023 | Brief of respondent United States filed. (Distributed) |
| Feb 16 2023 | Reply of petitioner David Dubin filed. (Distributed) |
| Feb 27 2023 | Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Jun 08 2023 | Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Kavanaugh, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed an opinion concurring in the judgment. |
| Jul 10 2023 | Judgment issued. |
