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Shaw v. United States

Docket No.15-5991
Op. Below9th Cir.
ArgumentOct 4, 2016
Vote8-0
AuthorStephen G. Breyer
OpinionDec 12, 2016
TermOctober Term 2016
SCOTUS PageOpinion

Holding

(1) The defendant's arguments that subsection (1) of the bank fraud statute, which covers schemes to deprive a bank of money in a customer's deposit account, does not apply to him because he intended to cheat only a bank depositor, not a bank, are unpersuasive; and (2) with regard to the parties' dispute over whether the district court improperly instructed the jury that a scheme to defraud a bank must be one to deceive the bank or deprive it of something of value, instead of one to deceive and deprive, the U.S. Court of Appeals for the 9th Circuit is left to determine whether that question was properly presented and if so, whether the instruction given is lawful, and, if not, whether any error was harmless.

Judgment

Vacated and remanded, 8-0, in an opinion by Stephen G. Breyer on Dec 12, 2016.

Proceedings & orders timeline

Sep 4, 2015
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 9, 2015)
Sep 30, 2015
Order extending time to file response to petition to and including November 9, 2015.
Nov 6, 2015
Order further extending time to file response to petition to and including December 9, 2015.
Dec 4, 2015
Order further extending time to file response to petition to and including January 27, 2016.
Jan 28, 2016
Order further extending time to file response to petition to and including March 10, 2016.
Mar 8, 2016
Brief of respondent United States in opposition filed.
Mar 22, 2016
Reply of petitioner Lawrence Eugene Shaw filed. (Distributed)
Mar 24, 2016
DISTRIBUTED for Conference of April 15, 2016.
Apr 18, 2016
DISTRIBUTED for Conference of April 22, 2016.
Apr 25, 2016
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
May 13, 2016
The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 27, 2016.
May 13, 2016
The time to file respondent's brief on the merits is extended to and including August 15, 2016.
Jun 27, 2016
Joint appendix filed. (Statement of costs filed)
Jun 27, 2016
Brief of petitioner Lawrence Eugene Shaw filed.
Jul 5, 2016
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jul 13, 2016
SET FOR ARGUMENT on Tuesday, October 4, 2016.
Jul 22, 2016
Record requested from U.S.C.A. 9th Circuit.
Jul 23, 2016
The record received from U.S.C.A. 9th Circuit is electronic and located on PACER, with the exception of a SEALED document that is electronic.
Jul 23, 2016
Record received from U.S.D.C. Central Dist. of California (Western Div. - Los Angeles) is electronic and located on PACER, with the exception of a SEALED document that is electronic.
Aug 15, 2016
Brief of respondent United States filed.
Aug 19, 2016
CIRCULATED.
Sep 14, 2016
Reply of petitioner Lawrence Eugene Shaw filed. (Distributed)
Oct 4, 2016
Argued. For petitioner: Koren L. Bell, Deputy Federal Public Defender, Los Angeles, Cal. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Dec 12, 2016
Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court.
Jan 13, 2017
JUDGMENT ISSUED.

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