No. 22-5460

Bradley Lane Croft v. United States

Lower Court: Fifth Circuit
Docketed: 2022-08-29
Status: GVR
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: aggravated-identity-theft circuit-split criminal-procedure discretionary-review federal-question identity-theft money-laundering sufficiency-of-evidence wire-fraud
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-06-15 (distributed 2 times)
Question Presented (AI Summary)

Whether an accused commits aggravated-identity-theft by merely uttering-someone's-name

Question Presented (OCR Extract)

question presented for review in this case is whether an accused commits the crime of aggravated identity theft by merely uttering, mentioning, or reciting someone else’s name when committing fraud or any other predicate offense. There is a split in the Circuits, and this issue is presently before this Court on a Petition for Writ of Certiorari filed on August 2, 2022, in United States v. Dubin, Case No. 22-10. Petitioner, Bradley Lane Croft, respectfully requests that is Court grant this Petition to resolve the conflict. Further, a second question presented for review is whether the evidence is insufficient to support the wire fraud conviction, and consequently the money laundering conviction, in this case. Petitioner, Bradley Lane Croft, submits that in affirming the District Court on this issue, the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) has decided an important federal question in a way that conflicts with relevant decisions of this Court. A compelling reason is thus presented in support of discretionary review.

Docket Entries

2023-07-24
Judgment issued.
2023-06-20
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Dubin</i> v. <i>United States</i>, 599 U. S. ___ (2023).
2023-06-12
DISTRIBUTED for Conference of 6/15/2023.
2022-12-15
DISTRIBUTED for Conference of 1/6/2023.
2022-11-28
Memorandum of respondent United States filed.
2022-10-18
Motion to extend the time to file a response is granted and the time is further extended to and including November 28, 2022.
2022-10-17
Motion to extend the time to file a response from October 28, 2022 to November 28, 2022, submitted to The Clerk.
2022-09-21
Motion to extend the time to file a response is granted and the time is extended to and including October 28, 2022.
2022-09-20
Motion to extend the time to file a response from September 28, 2022 to October 28, 2022, submitted to The Clerk.
2022-08-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2022)

Attorneys

Bradley Croft
James Scott SullivanLaw Offices of J. Scott Sullivan, Petitioner
James Scott SullivanLaw Offices of J. Scott Sullivan, Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent