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Joseph A. Ferriero v. United States

Paid petition · United States Court of Appeals for the Third Circuit, No. 15-4064 · judgment August 4, 2017


Certiorari denied · February 20, 2018
Pre-decision estimate: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.

Questions presented

  1. Does the term “bribery” as used in either the Travel Act, enacted in 1961, or RICO, enacted in 1970, include “bribery” of a local political party official, where such bribery is prohibited by state law, in light of the fact that no such offense was known to general American criminal law in the 1960s?

  2. Does extending the incorporation of state law “bribery” under federal criminal laws such as the Travel Act, wire fraud and RICO to reach local volunteer political party leaders violate the principles of federalism, Due Process vagueness, and First Amendment associational rights enforced by this Court’s recent decisions, including McDonnell v. United States, 579 U.S. —, 136 S.Ct. 2355 (2016)?

Counsel of record

For petitioner
Peter Goldberger

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Linked docket
17A618

Proceedings

  1. Feb 20 2018
    Petition DENIED.
  2. Jan 31 2018
    DISTRIBUTED for Conference of 2/16/2018.
  3. Jan 23 2018
    Waiver of right of respondent United States to respond filed.
  4. Jan 11 2018
    Petition for a writ of certiorari filed. (Response due February 16, 2018)
  5. Dec 08 2017
    Application (17A618) granted by Justice Alito extending the time to file until January 11, 2018.
  6. Dec 05 2017
    Application (17A618) to extend the time to file a petition for a writ of certiorari from December 12, 2017 to January 11, 2018, submitted to Justice Alito.