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Denault v. United States

Certiorari Denied

Petition for certiorari denied on January 23, 2017.

Docket No.16-152
Op. Below2d Cir.

Issue

(1) Whether the government fails to satisfy the "money or property" requirement of wire fraud, 18 U.S.C. § 1343, when a misrepresentation deprives the purported victim of information about a potential economic benefit, but the purported victim has no contractual right or other legal entitlement to that benefit; and (2) whether the court of appeals must actually determine, and not merely presume, that a sentencing court has discharged its duty under 18 U.S.C. § 3553 and Rita v. United States to state its reasons for imposing a particular sentence after having considered the defendant's arguments and the statutory factors.

Proceedings & orders timeline

Jun 6, 2016
Application (15A1246) to extend the time to file a petition for a writ of certiorari from June 29, 2016 to July 29, 2016, submitted to Justice Ginsburg.
Jun 9, 2016
Application (15A1246) granted by Justice Ginsburg extending the time to file until July 29, 2016.
Jul 29, 2016
Petition for a writ of certiorari filed. (Response due September 1, 2016)
Aug 23, 2016
Waiver of right of respondent United States to respond filed.
Oct 5, 2016
DISTRIBUTED for Conference of October 28, 2016.
Oct 12, 2016
Response Requested . (Due November 14, 2016)
Nov 9, 2016
Order extending time to file response to petition to and including December 14, 2016.
Dec 14, 2016
Brief of respondent United States in opposition filed.
Dec 28, 2016
Reply of petitioner Gerard Denault filed.
Jan 3, 2017
DISTRIBUTED for Conference of January 19, 2017.
Jan 23, 2017
Petition DENIED.

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