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Aposhian v. Garland

Certiorari Denied

Petition for certiorari denied on October 3, 2022.

Docket No.21-159
Op. Below10th Cir.

Issue

(1) Whether courts should defer under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. to an agency interpretation of federal law when the federal government affirmatively disavows Chevron deference; (2) whether the Chevron framework applies to statutes with criminal-law applications; and (3)whether, if a court determines that a statute with criminal-law applications is ambiguous, the rule of lenity requires the court to construe the statute in favor of the criminal defendant, notwithstanding a contrary federal agency construction.

Proceedings & orders timeline

Aug 2, 2021
Petition for a writ of certiorari filed. (Response due September 3, 2021)
Aug 16, 2021
Motion to extend the time to file a response from September 3, 2021 to October 4, 2021, submitted to The Clerk.
Aug 17, 2021
Motion to extend the time to file a response is granted and the time is extended to and including October 4, 2021.
Aug 19, 2021
Blanket Consent filed by Petitioner, W. Clark Aposhian
Aug 31, 2021
Brief amici curiae of David Codrea, et al. filed.
Sep 1, 2021
Brief amicus curiae of Due Process Institute filed.
Sep 3, 2021
Brief amicus curiae of American Cornerstone Institute filed.
Sep 3, 2021
Brief amici curiae of Damien Guedes, et al. filed.
Sep 3, 2021
Brief amici curiae of West Virginia, et al. filed.
Sep 3, 2021
Brief amici curiae of Gun Owners of America, et al. filed.
Sep 3, 2021
Brief amicus curiae of National Rifle Association of America, Inc. filed.
Sep 30, 2021
Motion to extend the time to file a response from October 4, 2021 to November 3, 2021, submitted to The Clerk.
Oct 1, 2021
Motion to extend the time to file a response is granted and the time is further extended to and including November 3, 2021.
Nov 3, 2021
Brief of respondents Merrick B. Garland, Attorney General, et al. in opposition filed.
Nov 22, 2021
Reply of petitioner W. Clark Aposhian filed. (Distributed)
Nov 23, 2021
DISTRIBUTED for Conference of 12/10/2021.
Dec 6, 2021
Rescheduled.
Dec 8, 2021
Supplemental brief of petitioner W. Clark Aposhian filed.
Jan 3, 2022
DISTRIBUTED for Conference of 1/7/2022.
Jan 4, 2022
Letter from amici Damien Guedes, et al. regarding legal name change of Firearms Policy Foundation to FPC Action Foundation received.
Jan 5, 2022
Rescheduled.
Jan 10, 2022
DISTRIBUTED for Conference of 1/14/2022.
Jan 14, 2022
Rescheduled.
Jan 18, 2022
DISTRIBUTED for Conference of 1/21/2022.
Jan 20, 2022
Rescheduled.
Feb 11, 2022
DISTRIBUTED for Conference of 2/18/2022.
Feb 11, 2022
Rescheduled.
Feb 22, 2022
DISTRIBUTED for Conference of 2/25/2022.
Feb 23, 2022
Rescheduled.
Feb 28, 2022
DISTRIBUTED for Conference of 3/4/2022.
Mar 1, 2022
Rescheduled.
Mar 14, 2022
DISTRIBUTED for Conference of 3/18/2022.
Mar 14, 2022
Rescheduled.
Mar 21, 2022
DISTRIBUTED for Conference of 3/25/2022.
Mar 22, 2022
Rescheduled.
Mar 28, 2022
DISTRIBUTED for Conference of 4/1/2022.
Mar 30, 2022
Rescheduled.
Apr 11, 2022
DISTRIBUTED for Conference of 4/14/2022.
Apr 12, 2022
Rescheduled.
Apr 18, 2022
DISTRIBUTED for Conference of 4/22/2022.
Apr 20, 2022
Rescheduled.
Apr 25, 2022
DISTRIBUTED for Conference of 4/29/2022.
Apr 26, 2022
Rescheduled.
May 9, 2022
DISTRIBUTED for Conference of 5/12/2022.
May 11, 2022
Rescheduled.
May 16, 2022
DISTRIBUTED for Conference of 5/19/2022.
May 17, 2022
Rescheduled.
May 23, 2022
DISTRIBUTED for Conference of 5/26/2022.
May 24, 2022
Rescheduled.
May 31, 2022
DISTRIBUTED for Conference of 6/2/2022.
May 31, 2022
Rescheduled.
Jun 6, 2022
DISTRIBUTED for Conference of 6/9/2022.
Jun 7, 2022
Rescheduled.
Jun 13, 2022
DISTRIBUTED for Conference of 6/16/2022.
Jun 16, 2022
Rescheduled.
Jun 21, 2022
DISTRIBUTED for Conference of 6/23/2022.
Jun 21, 2022
Rescheduled.
Sep 12, 2022
DISTRIBUTED for Conference of 9/28/2022.
Oct 3, 2022
Petition DENIED.

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