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Kaloyeros 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 Ciminelli v. United States.

Docket No.21-1169
Op. Below2nd Cir.

Issue

Whether the deprivation of accurate information regarding a transaction, without more, is "property" under the wire fraud statute, as the U.S. Court of Appeals for the 2nd Circuit held under its "right to control" theory of property-based fraud.

Proceedings & orders timeline

Jan 4, 2022
Application (21A298) to extend the time to file a petition for a writ of certiorari from January 30, 2022 to March 1, 2022, submitted to Justice Sotomaryor.
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 28, 2022)
Mar 23, 2022
Motion to extend the time to file a response from March 28, 2022 to April 27, 2022, submitted to The Clerk.
Mar 24, 2022
Motion to extend the time to file a response is granted and the time is extended to and including April 27, 2022.
Mar 24, 2022
Brief amicus curiae of New York Council of Defense Lawyers filed. VIDED.
Apr 5, 2022
Motion to extend the time to file a response from April 27, 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 petitioner Alain Kaloyeros 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 Ciminelli v. United States, 598 U. S. ___ (2023).
Jun 23, 2023
Judgment issued.

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