No. 23-959
Colin Montague v. United States
Amici (4)
Experienced Counsel
Tags: circuit-split controlled-substances criminal-charging criminal-law drug-statute due-process federal-procedure indictment indictment-sufficiency statutory-interpretation
Key Terms:
AdministrativeLaw FifthAmendment CriminalProcedure
AdministrativeLaw FifthAmendment CriminalProcedure
Latest Conference:
2024-06-13
Question Presented (AI Summary)
Whether an indictment charging a violation of 21 U.S.C. § 848 is invalid if it fails to set forth facts and circumstances that establish the elements of at least three prior controlled-substance-offenses
Question Presented (OCR Extract)
QUESTION PRESENTED The question presented, over which there is an open split between the Second and Third Circuits, is whether an indictment charging a violation of 21 U.S.C. § 848 is invalid if it fails to set forth facts and circumstances that establish the elements of at least three prior controlledsubstance offenses.
Docket Entries
2024-07-19
Judgment Issued.
2024-06-17
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of the confession of error by the Solicitor General in her brief for the United States filed on May 17, 2024.
2024-05-28
DISTRIBUTED for Conference of 6/13/2024.
2024-05-23
Reply of petitioner Colin Montague filed. (Distributed)
2024-05-22
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2024-05-17
Brief of respondent United States in opposition filed.
2024-04-24
Motion to extend the time to file a response is granted and the time is further extended to and including May 17, 2024.
2024-04-23
Motion to extend the time to file a response from May 3, 2024 to May 17, 2024, submitted to The Clerk.
2024-04-03
Brief amicus curiae of New York Council of Defense Lawyers filed.
2024-04-03
Brief amicus curiae of Clause 40 Foundation filed.
2024-04-03
Brief amicus curiae of Cato Institute filed.
2024-04-03
Brief amicus curiae of New York State Association of Criminal Defense Lawyers filed.
2024-03-28
Motion to extend the time to file a response is granted and the time is extended to and including May 3, 2024.
2024-03-27
Motion to extend the time to file a response from April 3, 2024 to May 3, 2024, submitted to The Clerk.
2024-02-29
Petition for a writ of certiorari filed. (Response due April 3, 2024)
2023-12-20
Application (23A559) granted by Justice Sotomayor extending the time to file until March 1, 2024.
2023-12-14
Application (23A559) to extend the time to file a petition for a writ of certiorari from January 16, 2024 to March 1, 2024, submitted to Justice Sotomayor.
Attorneys
Cato Institute
Clark M. Neily III — Cato Institute, Amicus
Clark M. Neily III — Cato Institute, Amicus
Clause 40 Foundation
Sandra Lynn Musumeci — Kelley Drye & Warren LLP, Amicus
Sandra Lynn Musumeci — Kelley Drye & Warren LLP, Amicus
Colin Montague
Michael B. Kimberly — McDermott Will & Emery LLP, Petitioner
Michael B. Kimberly — McDermott Will & Emery LLP, Petitioner
New York Council of Defense Lawyers
New York State Association of Criminal Defense Lawyers
Amer Shahid Ahmed — Gibson, Dunn & Crutcher LLP, Amicus
Amer Shahid Ahmed — Gibson, Dunn & Crutcher LLP, Amicus
United States
Elizabeth B. Prelogar — Solicitor General, Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent