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Loughrin v. United States

Docket No.13-316
Op. Below10th Cir
ArgumentApr 1, 2014
Vote9-0
AuthorElena Kagan
OpinionJun 23, 1914
TermOctober Term 2013
SCOTUS PageOpinion

Holding

A conviction under 18 U.S.C. § 1344(2), which makes it a crime to "knowing execut[e] a scheme " to obtain " property owned by, or under the custody of, a bank "by means of false or fraudulent pretenses," does not require the government to prove that a defendant intended to defraud a financial institution.

Judgment

Affirmed, 9-0, in an opinion by Elena Kagan on Jun 23, 1914. Justices Scalia and Thomas join the opinion as to Parts I and II, Part III-A except the last paragraph, an the last footnote of Part III-B. Justice Scalia filed an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined. Justice Alito filed an opinion concurring in part and concurring in the judgement.

Disclosure: Kevin Russell of Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.

Issue: Whether the government must prove that the defendant intended to defraud a bank and expose it to risk of loss in every prosecution under 18 U.S.C. § 1344.

Proceedings & orders timeline

Sep 9, 2013
Petition for a writ of certiorari filed. (Response due October 11, 2013)
Oct 1, 2013
Order extending time to file response to petition to and including November 12, 2013.
Nov 15, 2013
Order further extending time to file response to petition to and including November 18, 2013.
Nov 18, 2013
Brief of respondent United States in opposition filed.
Nov 25, 2013
Reply of petitioner Kevin Loughrin filed.
Nov 26, 2013
DISTRIBUTED for Conference of December 13, 2013.
Dec 13, 2013
Petition GRANTED.
Jan 8, 2014
SET FOR ARGUMENT ON Tuesday, April 1, 2014
Jan 14, 2014
Record received from U.S.C.A. 10th Circuit, part of the record is electronic and located on PACER. The other part of the record received in one envelope is SEALED.
Jan 27, 2014
Joint appendix filed.
Jan 27, 2014
Brief of petitioner Kevin Loughrin filed.
Feb 3, 2014
CIRCULATED.
Feb 3, 2014
Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)Feb 26, 2014
Brief of respondent United States filed. (Distributed)Mar 18, 2014
Reply of petitioner Kevin Loughrin filed. (Distributed)Apr 1, 2014
Argued. For petitioner: Kevin K. Russell, Washington, D. C. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 23, 2014
Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined, and in which Scalia and Thomas, JJ., joined as to Parts I and II, Part III-A except the last paragraph, and the last footnote of Part III-B. Scalia, J., filed an opinion concurring in part and concurring in the judgment, in which Thomas, J., joined. Alito, J., filed an opinion concurring in part and concurring in the judgment.
Jul 25, 2014
JUDGMENT ISSUED.
Jul 29, 2014
Record returned for U.S.C.A. for 10th Circuit.

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