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Dubin v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 22-10 | 5th Cir. |
Feb 27, 2023 |
TBD | TBD | TBD | OT 2022 |
Issue: Whether a person commits aggravated identity theft any time they mention or otherwise recite someone else’s name while committing a predicate offense.
SCOTUSblog Coverage
- 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. |
