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Miller v. United States

Petition for certiorari granted, judgment vacated, and case remanded to the U.S. Court of Appeals for the District of Columbia Circuit for further consideration in light of Fischer v. United States on July 2, 2024.
Docket No. Op. Below Argument Opinion Vote Author Term
23-94 D.C. Cir. N/A N/A N/A N/A OT 2023

Issues: (1) Whether the obstruction-of-justice offenses in 18 U.S.C. § 1512(c) cover only acts that affect the integrity or availability of evidence, or whether they criminalize advocacy, lobbying, and protest in connection with congressional proceedings that are neither inquiries nor investigations, such as Congress’ joint session to certify the Electoral College vote count; and (2) whether Section 1512(c)’s “corruptly” element requires proof that the defendant acted with the intent to obtain an unlawful benefit, or whether it merely requires proof that the defendant acted with an improper or wrongful purpose or through unlawful means.

DateProceedings and Orders (key to color coding)
Jul 28 2023Petition for a writ of certiorari filed. (Response due August 31, 2023)
Aug 24 2023Motion to extend the time to file a response from August 31, 2023 to October 1, 2023, submitted to The Clerk.
Aug 28 2023Motion to extend the time to file a response is granted and the time is extended to and including October 2, 2023.
Aug 30 2023Brief amici curiae of Christopher Warnagiris, et al. filed. VIDED.
Sep 25 2023Motion to extend the time to file a response from October 2, 2023 to October 30, 2023, submitted to The Clerk.
Sep 26 2023Motion to extend the time to file a response is granted and the time is further extended to and including October 30, 2023.
Oct 30 2023Brief of respondent United States in opposition filed. VIDED.
Nov 08 2023Reply of petitioner Garret Miller filed.
Nov 14 2023DISTRIBUTED for Conference of 12/1/2023.
Dec 01 2023Rescheduled.
Dec 01 2023DISTRIBUTED for Conference of 12/8/2023.
Jun 28 2024DISTRIBUTED for Conference of 7/1/2024.
Jul 02 2024Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Fischer v. United States, 603 U. S. ___ (2024).