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Shaw v. United States

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Docket No. Op. Below Argument Opinion Vote Author Term
15-5991 9th Cir. Oct 4, 2016 Dec 12, 2016 8-0 Breyer OT 2016

Holding: (1) The defendant's arguments that subsection (1) of the bank fraud statute, which covers schemes to deprive a bank of money in a customer's deposit account, does not apply to him because he intended to cheat only a bank depositor, not a bank, are unpersuasive; and (2) with regard to the parties' dispute over whether the district court improperly instructed the jury that a scheme to defraud a bank must be one to deceive the bank or deprive it of something of value, instead of one to deceive and deprive, the U.S. Court of Appeals for the 9th Circuit is left to determine whether that question was properly presented and if so, whether the instruction given is lawful, and, if not, whether any error was harmless.

Judgment: Vacated and remanded, 8-0, in an opinion by Justice Breyer on December 12, 2016.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 4 2015Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 9, 2015)
Sep 30 2015Order extending time to file response to petition to and including November 9, 2015.
Nov 6 2015Order further extending time to file response to petition to and including December 9, 2015.
Dec 4 2015Order further extending time to file response to petition to and including January 27, 2016.
Jan 28 2016Order further extending time to file response to petition to and including March 10, 2016.
Mar 8 2016Brief of respondent United States in opposition filed.
Mar 22 2016Reply of petitioner Lawrence Eugene Shaw filed. (Distributed)
Mar 24 2016DISTRIBUTED for Conference of April 15, 2016.
Apr 18 2016DISTRIBUTED for Conference of April 22, 2016.
Apr 25 2016Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
May 13 2016The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 27, 2016.
May 13 2016The time to file respondent's brief on the merits is extended to and including August 15, 2016.
Jun 27 2016Joint appendix filed. (Statement of costs filed)
Jun 27 2016Brief of petitioner Lawrence Eugene Shaw filed.
Jul 5 2016Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jul 13 2016SET FOR ARGUMENT on Tuesday, October 4, 2016.
Jul 22 2016Record requested from U.S.C.A. 9th Circuit.
Jul 23 2016The record received from U.S.C.A. 9th Circuit is electronic and located on PACER, with the exception of a SEALED document that is electronic.
Jul 23 2016Record received from U.S.D.C. Central Dist. of California (Western Div. - Los Angeles) is electronic and located on PACER, with the exception of a SEALED document that is electronic.
Aug 15 2016Brief of respondent United States filed.
Aug 19 2016CIRCULATED.
Sep 14 2016Reply of petitioner Lawrence Eugene Shaw filed. (Distributed)
Oct 4 2016Argued. For petitioner: Koren L. Bell, Deputy Federal Public Defender, Los Angeles, Cal. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Dec 12 2016Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court.
Jan 13 2017JUDGMENT ISSUED.