No. 22-10
David Fox Dubin v. United States
Tags: circuit-split criminal-law due-process identity-theft lawful-authority means-of-identification mens-rea predicate-offense statutory-interpretation
Latest Conference:
2022-11-10
(distributed 4 times)
Question Presented (from Petition)
The federal aggravated identity theft statute provides: "Whoever, during and in relation to any felony violation enumerated [elsewhere in the statute], knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person, shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years." 18 U.S.C. § 1028A(a)(1).
The question presented is whether a person commits aggravated identity theft any time he mentions or otherwise recites someone else's name while committing a predicate offense.
Question Presented (AI Summary)
Whether a person commits aggravated identity theft by merely mentioning or reciting someone else's name while committing a predicate offense
Docket Entries
2023-07-10
Judgment issued.
2023-06-08
Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Kavanaugh, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed an opinion concurring in the judgment.
2023-02-27
Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
2023-02-16
Reply of petitioner David Dubin filed. (Distributed)
2023-01-23
Brief of respondent United States filed. (Distributed)
2023-01-17
CIRCULATED
2023-01-04
Record received from the U.S.D.C.-Western District of Texas. Electronic Record on Appeal transmitted electronically.
2022-12-30
Record from the U.S.C.A.-5th Circuit is available on PACER.
2022-12-29
Brief amicus curiae of National Association of Federal Defenders filed.
2022-12-29
Brief amici curiae of National Association of Criminal Defense Lawyers filed.
2022-12-27
Brief amicus curiae of Professor Joel S. Johnson filed.
2022-12-23
Joint appendix filed.
2022-12-23
Brief of petitioner David Dubin filed.
2022-12-20
Record requested from the U.S.C.A. for the Fifth Circuit.
2022-12-19
SET FOR ARGUMENT on Monday, February 27, 2023.
2022-12-08
Blanket Consent filed by Petitioner, David Dubin
2022-11-10
Petition GRANTED.
2022-11-07
DISTRIBUTED for Conference of 11/10/2022.
2022-10-31
DISTRIBUTED for Conference of 11/4/2022.
2022-10-24
DISTRIBUTED for Conference of 10/28/2022.
2022-09-28
Reply of petitioner David Dubin filed. (Distributed)
2022-09-28
DISTRIBUTED for Conference of 10/14/2022.
2022-09-08
Brief of respondent United States in opposition filed.
2022-09-06
Motion to extend the time to file a response is granted and the time is further extended to and including September 8, 2022.
2022-09-02
Motion to extend the time to file a response from September 6, 2022 to September 8, 2022, submitted to The Clerk.
2022-08-02
Brief amici curiae of National Association of Criminal Defense Lawyers filed.
2022-08-01
Motion to extend the time to file a response is granted and the time is extended to and including September 6, 2022.
2022-07-27
Motion to extend the time to file a response from August 4, 2022 to September 6, 2022, submitted to The Clerk.
2022-06-30
Petition for a writ of certiorari filed. (Response due August 4, 2022)
2022-05-11
Application (21A694) granted by Justice Alito extending the time to file until July 1, 2022.
2022-05-05
Application (21A694) to extend the time to file a petition for a writ of certiorari from June 1, 2022 to July 31, 2022, submitted to Justice Alito.
Attorneys
David Dubin
National Association of Criminal Defense Lawyers
Henry W. Asbill — Buckley LLP, Amicus
National Association of Federal Defenders
Professor Joel S. Johnson
United States of America
Elizabeth B. Prelogar — Solicitor General, Respondent