Supreme Court Report

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Judith Ann Paixao and Kevin A. Lombard v. United States

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-50121, 16-50122 · judgment March 22, 2018

Certiorari denied · October 1, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the Court should reconsider Fischer v. United States, 529 U.S. 667, 686 (2000), because, as Justice Thomas’s dissent predicted, the lower courts have interpreted it such that “any funds flowing from a federal assistance program [are] deemed ‘benefits’ ” within the meaning of 18 U.S.C. § 666(b).

Counsel of record

For petitioner
Devin Jai Burstein
Warren & Burstein

For respondent
Noel John Francisco
Jones Day

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 1, 2018 · Certiorari denied

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Aug 29 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Aug 24 2018
    Waiver of right of respondent United States to respond filed.
  4. Aug 16 2018
    Petition for a writ of certiorari filed. (Response due September 19, 2018)