No. 22-328

Scott Allinson v. United States

Lower Court: Third Circuit
Docketed: 2022-10-07
Status: Denied
Type: Paid
Response Waived
Tags: bribery campaign-contributions circuit-conflict corruption evans-v-united-states legal-referral mccormick-v-united-states official-action prosecutorial-standard quid-pro-quo
Key Terms:
AdministrativeLaw FirstAmendment JusticiabilityDoctri
Latest Conference: 2022-11-10
Question Presented (AI Summary)

Whether this Court's decision in United States v. Evans modified the explicit quid pro quo standard required by United States v. McCormick, or whether McCormick and Evans establish two different tests applicable to two different situations

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether this Court’s decision in United States v. Evans, 504 U.S. 255 (1992) modified the explicit quid pro quo standard required by United States v. McCormick, 500 U.S. 257 (1991), or whether, as the majority of circuits have held, McCormick and Evans establish two different tests applicable to two different situations: Evans applying only outside of the campaign contribution context, permitting the jury to imply a quid pro quo agreement; and McCormick applying to charges based solely on campaign contributions. Whether the narrow definition of “official action” articulated by this Court in McDonnell v. United States, 136 S.Ct. 2355 (2016) encompasses the mere hope or expectation by an individual that a public official will take some action to refer them a legal contract — particularly where the defendant does not know what action(s) the public official may take and the public official has no authority over the contract, thus requiring the government to prove the public official exerted or intended to exert pressure over another public official. Jd. at 2370-71.

Docket Entries

2022-11-14
Petition DENIED
2022-11-14
Petition DENIED.
2022-10-25
DISTRIBUTED for Conference of 11/10/2022.
2022-10-18
Waiver of right of respondent United States to respond filed.
2022-10-05
Petition for a writ of certiorari filed. (Response due November 7, 2022)
2022-08-22
Application (22A159) granted by Justice Alito extending the time to file until October 5, 2022.
2022-08-18
Application (22A159) to extend the time to file a petition for a writ of certiorari from September 4, 2022 to November 3, 2022, submitted to Justice Alito.

Attorneys

Scott Allinson
Megan Susan ScheibScheib Scully Law, LLC, Petitioner
Megan Susan ScheibScheib Scully Law, LLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent