No. 24-6965

Rocco Americo Malanga v. United States

Lower Court: Third Circuit
Docketed: 2025-04-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law agency-guidance criminal-liability due-process sentencing-enhancement statutory-interpretation
Key Terms:
DueProcess
Latest Conference: 2025-05-02
Question Presented (AI Summary)

Does the Due Process Clause bar criminal liability and sentencing enhancements based on post-conduct agency guidance lacking statutory authority?

Question Presented (OCR Extract)

1. Does the Due Process Clause bar crimin al liability and sentencing enhancements based on agency guidance issued after the alleged conduct, especially when lacking statutory authority, as reinforced by Loper Bright Enterprises v. Raimondo ? 2. Must courts calculate loss under U.S.S.G. § 2B1.1 based on actual financial harm to ensure sentencing uniformity across circuits, particularly given stark disparities in fraud prosecutions nationwide? 6

Docket Entries

2025-08-18
Rehearing DENIED.
2025-07-24
DISTRIBUTED.
2025-05-28
2025-05-05
Petition DENIED.
2025-04-17
DISTRIBUTED for Conference of 5/2/2025.
2025-04-15
Waiver of Respondent of right to respond submitted.
2025-04-15
Waiver of right of respondent Respondent to respond filed.
2025-03-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 12, 2025)
2025-02-10
Application (24A764) granted by Justice Alito extending the time to file until April 3, 2025.
2025-01-20
Application (24A764) to extend the time to file a petition for a writ of certiorari from February 2, 2025 to April 3, 2025, submitted to Justice Alito.

Attorneys

Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Rocco A. Malanga
Rocco Americo Malanga — Petitioner
Rocco Americo Malanga — Petitioner