No. 24-7241

Michael Rech v. United States

Lower Court: Second Circuit
Docketed: 2025-05-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: body-worn-camera incarceration restitution right-to-counsel speedy-trial suppression
Key Terms:
CriminalProcedure
Latest Conference: 2025-06-18
Question Presented (AI Summary)

Was petitioner deprived of his right to counsel of choice due to lack of timely notice and out-of-state incarceration, and should suppression have been granted for failure to preserve body-worn camera footage, with additional challenges to restitution and speedy trial time exclusion?

Question Presented (OCR Extract)

1. Was petitioner deprived of his right to counsel of choice by virtue of the lack of timely notice to him that funds had been released with which he could retain counsel? 2. Was petitioner’s right to counsel unacceptably impaired by his incarceration out of state for a substantial pa rt of the pendency of the district court proceedings? 3. Was petitioner entitled to suppre ssion due to the failure to preserve and/or disclose body-worn camera foot age depicting the search of his home? 4. Did the district court err in awarding restitution to the Small Business Administration given that the full amount of the alleged fraudulent Paycheck Protection Program loan had been recovered? 5. Should petitioner’s conviction be voided due to the district court’s failure to exclude speedy trial time on the record? ii

Docket Entries

2025-06-23
Petition DENIED.
2025-06-04
DISTRIBUTED for Conference of 6/18/2025.
2025-05-30
Waiver of right of respondent United States to respond filed.
2025-05-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 18, 2025)
2025-03-07
Application (24A855) granted by Justice Sotomayor extending the time to file until May 19, 2025.
2025-03-04
Application (24A855) to extend the time to file a petition for a writ of certiorari from March 19, 2025 to May 18, 2025, submitted to Justice Sotomayor.

Attorneys

Michael Rech
Jonathan I. Edelstein — Petitioner
Jonathan I. Edelstein — Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent