Herrera v. United States
Certiorari Denied
Petition for certiorari denied on June 20, 2023.
Issue
Whether, under Federal Rule of Criminal Procedure 12, petitioners were permitted to bring a facial constitutional challenge to their statute of conviction under the commerce clause in Article I, Section 8 of the Constitution by filing a post-trial motion rather than a pretrial motion.
Jan 13, 2023Application (22A645) to extend the time to file a petition for a writ of certiorari from January 25, 2023 to February 24, 2023, submitted to Justice Gorsuch.
Jan 20, 2023Application (22A645) granted by Justice Gorsuch extending the time to file until February 24, 2023.
Feb 24, 2023Petition for a writ of certiorari filed. (Response due March 31, 2023)Mar 21, 2023Motion to extend the time to file a response from March 31, 2023 to May 1, 2023, submitted to The Clerk.Mar 22, 2023Motion to extend the time to file a response is granted and the time is extended to and including May 1, 2023.
Apr 21, 2023Motion to extend the time to file a response from May 1, 2023 to May 15, 2023, submitted to The Clerk.Apr 24, 2023Motion to extend the time to file a response is granted and the time is further extended to and including May 15, 2023.
May 15, 2023Brief of respondent United States in opposition filed.May 25, 2023Reply of petitioners Carlos Herrera, et al. filed.May 30, 2023DISTRIBUTED for Conference of 6/15/2023.
Jun 20, 2023Petition DENIED.
Recommended Citation: Herrera v. United States, SCOTUSblog, https://www.scotusblog.com/cases/herrera-v-united-states/