Dubin v. United States
Holding
Under 18 U.S.C. § 1028A(a)(1)'s crime of "aggravated identity theft," a defendant "uses" another person"s means of identification "in relation to" a predicate offense when the use is at the crux of what makes the conduct criminal.
Judgment
Vacated and remanded, 9-0, in an opinion by Sonia Sotomayor on Jun 8, 2023. Justice Gorsuch filed an opinion concurring in the judgment.
May 5, 2022Application (21A694) to extend the time to file a petition for a writ of certiorari from June 1, 2022 to July 31, 2022, submitted to Justice Alito.
May 11, 2022Application (21A694) granted by Justice Alito extending the time to file until July 1, 2022.
Jun 30, 2022Petition for a writ of certiorari filed. (Response due August 4, 2022)Jul 27, 2022Motion to extend the time to file a response from August 4, 2022 to September 6, 2022, submitted to The Clerk.Aug 1, 2022Motion to extend the time to file a response is granted and the time is extended to and including September 6, 2022.
Aug 2, 2022Brief amici curiae of National Association of Criminal Defense Lawyers filed.Sep 2, 2022Motion to extend the time to file a response from September 6, 2022 to September 8, 2022, submitted to The Clerk.Sep 6, 2022Motion to extend the time to file a response is granted and the time is further extended to and including September 8, 2022.
Sep 8, 2022Brief of respondent United States in opposition filed.Sep 28, 2022DISTRIBUTED for Conference of 10/14/2022.
Sep 28, 2022Reply of petitioner David Dubin filed. (Distributed)Oct 24, 2022DISTRIBUTED for Conference of 10/28/2022.
Oct 31, 2022DISTRIBUTED for Conference of 11/4/2022.
Nov 7, 2022DISTRIBUTED for Conference of 11/10/2022.
Nov 10, 2022Petition GRANTED.
Dec 8, 2022Blanket Consent filed by Petitioner, David DubinDec 19, 2022SET FOR ARGUMENT on Monday, February 27, 2023.
Dec 20, 2022Record requested from the U.S.C.A. for the Fifth Circuit.
Dec 23, 2022Brief of petitioner David Dubin filed.Dec 23, 2022Joint appendix filed.Dec 27, 2022Brief amicus curiae of Professor Joel S. Johnson filed.Dec 29, 2022Brief amici curiae of National Association of Criminal Defense Lawyers filed.Dec 29, 2022Brief amicus curiae of National Association of Federal Defenders filed.Dec 30, 2022Record from the U.S.C.A.-5th Circuit is available on PACER.
Jan 4, 2023Record received from the U.S.D.C.-Western District of Texas. Electronic Record on Appeal transmitted electronically.
Jan 17, 2023CIRCULATED
Jan 23, 2023Brief of respondent United States filed. (Distributed)Feb 16, 2023Reply of petitioner David Dubin filed. (Distributed)Feb 27, 2023Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 8, 2023Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Kavanaugh, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed an opinion concurring in the judgment.
Jul 10, 2023Judgment issued.Recommended Citation: Dubin v. United States, SCOTUSblog, https://www.scotusblog.com/cases/dubin-v-united-states/