No. 24-1231

Andrew Dowd v. United States

Lower Court: Second Circuit
Docketed: 2025-06-03
Status: Denied
Type: Paid
Amici (2)Response Waived Experienced Counsel
Tags: due-process harmless-error judicial-impartiality prosecutorial-conduct recusal restitution
Key Terms:
DueProcess
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether a district judge impermissibly blends judicial and prosecutorial roles by urging investigation and then presiding over the trial, whether an appellate court can determine harmless error by evaluating only the government's case strength, and whether a court violates due process by imposing restitution via ex parte communication without defendant notice

Question Presented (OCR Extract)

1. Whether a district judge impermissibly blends the judicial and prosecutorial roles such that “his impartiality might reasonably be questioned ,” 28 U.S.C. § 455(a), where he repeatedly “urge[s] the government to continue their investigation” and “pursu [e]” certain “corrupt doctors” and then presides over the ensuing trial. 2. Whether an appellate court may determine that an error at trial was harmless by evaluating only the strength of the government’s case and not the potential effect of the error on the jury. 3. Whether a district court violates a criminal defendant’s due process rights when it imposes an $8 million restitution order based on the prosector’s off-thedocket email to chambers , without notifying the defendant when or how he should respo nd, and without even waiting the 14 days local rules provide for responses to motions filed on the public docket. (II)

Docket Entries

2025-10-06
Petition DENIED.
2025-06-20
Amicus brief of Cato Institute submitted.
2025-06-20
Brief amicus curiae of The Cato Institute filed. (Distributed)
2025-06-20
2025-06-17
DISTRIBUTED for Conference of 9/29/2025.
2025-06-10
Waiver of United States of right to respond submitted.
2025-06-10
Waiver of right of respondent United States to respond filed.
2025-05-30

Attorneys

Andrew Dowd
John Patrick ElwoodArnold & Porter Kaye Scholer LLP, Petitioner
John Patrick ElwoodArnold & Porter Kaye Scholer LLP, Petitioner
Cato Institute
Clark M. Neily IIICato Institute, Amicus
Clark M. Neily IIICato Institute, Amicus
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent