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
Question Presented (from Petition)
QUESTION PRESENTED 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.
2023-06-08
Judgment VACATED and case REMANDED. Sotomayor, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/22pdf/22-10_ifjn.pdf'>opinion</a> 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)
2023-01-04
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.
2022-12-20
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
2022-11-07
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.