Percoco v. United States
Holding
Jury instructions on the legal standard for finding that a private citizen owes the government a duty of honest services based on the U.S. Court of Appeals for the 2nd Circuit's decision in United States v. Margiotta were erroneous.
Judgment
Reversed and remanded, 9-0, in an opinion by Samuel Alito on May 11, 2023. Justice Alito delivered the opinion of the court, in which Chief Justice Roberts and Justices Sotomayor, Kagan, Kavanaugh, and Barrett joined, and in which Justice Jackson joined as to all but Part II-C-2. Justice Gorsuch filed an opinion concurring in the judgment, in which Justice Thomas joined.
Jan 4, 2022Application (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 Sotomayor.
Jan 7, 2022Application (21A298) granted by Justice Sotomayor extending the time to file until March 1, 2022.
Feb 17, 2022Petition for a writ of certiorari filed. (Response due March 24, 2022)Mar 17, 2022Motion to extend the time to file a response from March 24, 2022 to April 25, 2022, submitted to The Clerk.Mar 21, 2022Motion to extend the time to file a response is granted and the time is extended to and including April 25, 2022.
Mar 24, 2022Brief amicus curiae of New York Council of Defense Lawyers filed. VIDED.Apr 5, 2022Motion to extend the time to file a response from April 25, 2022 to May 24, 2022, submitted to The Clerk.Apr 7, 2022Motion to extend the time to file a response is granted and the time is further extended to and including May 24, 2022.
May 24, 2022Brief of respondent United States in opposition filed. VIDED.Jun 3, 2022Reply of petitioner Joseph Percoco filed. (Distributed)Jun 7, 2022DISTRIBUTED for Conference of 6/23/2022.
Jun 29, 2022DISTRIBUTED for Conference of 6/29/2022.
Jun 30, 2022Petition GRANTED.
Jul 13, 2022Motion for an extension of time to file the briefs on the merits filed.Jul 22, 2022Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 31, 2022. The time to file respondent's brief on the merits is extended to and including October 18, 2022.
Aug 31, 2022Brief of petitioner Joseph Percoco filed.Aug 31, 2022Joint appendix filed. (Statement of costs filed)Aug 31, 2022Brief of respondent Steven Aiello in support of petitioner filed.Sep 7, 2022Brief amicus curiae of The Chamber of Commerce of the United States of America in support of neither party filed.Sep 7, 2022Brief amicus curiae of New York Council of Defense Lawyers filed.Sep 7, 2022Brief amicus curiae of The National Association of Criminal Defense Lawyers filed.Sep 7, 2022Brief amici curiae of Citizens United, et al. filed.Oct 18, 2022SET FOR ARGUMENT on Monday, November 28, 2022.
Oct 18, 2022Brief of respondent United States filed.Oct 20, 2022Motion for divided argument filed by respondent Steven Aiello in support of petitioner.Oct 25, 2022CIRCULATED.
Oct 28, 2022Record requested from the U.S.C.A. 2nd Circuit.
Oct 31, 2022Record from the U.S.C.A. 2nd Circuit has been electronically filed.
Nov 7, 2022Motion for divided argument filed by respondent Steven Aiello in support of petitioner DENIED.
Nov 7, 2022Record received from the U.S.D.C. Southern District of New York. The documents are Sealed Impounded. ( One envelope ). Also one CD with Sealed documents has been electronically filed.
Nov 10, 2022Reply of petitioner Joseph Percoco filed. (Distributed)Nov 15, 2022Reply of respondent Steven Aiello in support of petitioner filed. (Distributed)Nov 28, 2022Argued. For petitioner: Jacob M. Roth, Washington, D. C. For respondent: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
May 11, 2023Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined, and in which Jackson, J., joined as to all but Part II–C–2. Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas, J., joined.
May 18, 2023Record returned to the U.S.D.C. Southern District of New York (CD-ROM and Sealed materials).
Jun 12, 2023Judgment issued.Recommended Citation: Percoco v. United States, SCOTUSblog, https://www.scotusblog.com/cases/percoco-v-united-states/