No. 23-1310
Amici (1)
Experienced Counsel
Tags: criminal-custody criminal-law criminal-procedure custody federal-courts federal-escape-statute federal-statutes halfway-house statutory-interpretation tenth-circuit
Key Terms:
CriminalProcedure
CriminalProcedure
Latest Conference:
2024-10-18
Question Presented (AI Summary)
Whether a criminal defendant released to a halfway house is in 'custody' and can commit the crime of escape
Question Presented (OCR Extract)
QUESTION PRESENTED It is a federal crime, punishable by five years in prison, to “escape” from “any custody under or by virtue of any process issued under the laws of the United States by any court.” 18 U.S.C. § 751(a). The question presented is: Whether or under what circumstances a criminal defendant released to a halfway house is in “custody” and therefore can commit the crime of escape.
Docket Entries
2024-10-21
Petition DENIED.
2024-10-02
DISTRIBUTED for Conference of 10/18/2024.
2024-10-02
Reply of petitioner Dean Gross filed. (Distributed)
2024-09-13
Brief of United States in opposition submitted.
2024-09-13
Brief of respondent United States in opposition filed.
2024-08-05
Motion to extend the time to file a response is granted and the time is further extended to and including September 13, 2024.
2024-08-02
Motion of United States for an extension of time submitted.
2024-08-02
Motion to extend the time to file a response from August 14, 2024 to September 13, 2024, submitted to The Clerk.
2024-07-15
Amicus brief of Due Process Institute submitted.
2024-07-15
Brief amicus curiae of Due Process Institute filed.
2024-07-12
Motion to extend the time to file a response is granted and the time is extended to and including August 14, 2024.
2024-07-10
Motion of United States for an extension of time submitted.
2024-07-10
Motion to extend the time to file a response from July 15, 2024 to August 14, 2024, submitted to The Clerk.
2024-06-12
Petition for a writ of certiorari filed. (Response due July 15, 2024)
Attorneys
Dean Gross
Jeffrey L. Fisher — Stanford Supreme Court Litigation Clinic, Petitioner
Jeffrey L. Fisher — Stanford Supreme Court Litigation Clinic, Petitioner
Due Process Institute
Shana-Tara O'Toole — DUE PROCESS INSTITUTE, Amicus
Shana-Tara O'Toole — Due Process Institute, Amicus
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent