Supreme Court Report

Supreme Court of the United States · Official docket →

Kirk Tang Yuk v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 15-131 · judgment March 15, 2018


Certiorari denied · October 9, 2018
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Whether a prosecutor can manufacture venue in a particular district solely by bringing a cooperating witness to a favored district and having the witness identify his location during a government-arranged telephone call to his alleged co-conspirator. (I)

Counsel of record

For petitioner
Jonathan Robert Ference-Burke
Ropes & Gray LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Related
Vide, 18-237

Proceedings

  1. Oct 09 2018
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Sep 19 2018
    DISTRIBUTED for Conference of 10/5/2018.
  3. Sep 12 2018
    Waiver of right of respondent United States to respond filed.
  4. Aug 23 2018
    Petition for a writ of certiorari filed. (Response due September 24, 2018)