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Aiello v. United States

Petition for certiorari granted, judgment vacated, and case remanded to the U.S. Court of Appeals for the 2nd Circuit for further consideration in light of Percoco v. United States and Ciminelli v. United States.

Docket No.21-1161
Op. Below2nd Cir.

Issue

(1) Whether paying an influential private citizen to advocate one"s position before a government agency can constitute honest services fraud under 18 U.S.C. " 1346; and (2) whether deception that deprives a person of "potentially valuable economic information," without more, can constitute "money or property" fraud under the federal mail and wire fraud statutes.

Proceedings & orders timeline

Jan 7, 2022
Application (21A298) granted by Justice Sotomayor extending the time to file until March 1, 2022.
Feb 18, 2022
Petition for a writ of certiorari filed. (Response due March 25, 2022)
Mar 17, 2022
Motion to extend the time to file a response from March 25, 2022 to April 25, 2022, submitted to The Clerk.
Mar 21, 2022
Motion to extend the time to file a response is granted and the time is extended to and including April 25, 2022.
Mar 24, 2022
Brief amicus curiae of New York Council of Defense Lawyers filed. VIDED.
Mar 25, 2022
Brief amici curiae of Criminal Law Scholars filed.
Apr 5, 2022
Motion to extend the time to file a response from April 25, 2022 to May 24, 2022, submitted to The Clerk.
Apr 7, 2022
Motion to extend the time to file a response is granted and the time is further extended to and including May 24, 2022.
May 24, 2022
Brief of respondent United States in opposition filed. VIDED.
Jun 3, 2022
Reply of petitioners Steven Aiello and Joseph Gerardi filed. (Distributed)
Jun 7, 2022
DISTRIBUTED for Conference of 6/23/2022.
Jun 29, 2022
DISTRIBUTED for Conference of 6/29/2022.
May 15, 2023
DISTRIBUTED for Conference of 5/18/2023.
May 22, 2023
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Percoco v. United States, 598 U. S. ___ (2023) and Ciminelli v. United States, 598 U. S. ___ (2023).
Jun 23, 2023
Judgment issued.

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