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John Ching En Lee v. United States

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-10448 · judgment June 6, 2018


Certiorari denied · February 19, 2019
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. When determining whether an alleged false statement has a literal truth defense, may a court isolate the ambiguous question or view it in the totality of its real-world context?

  2. After Ajoku, to meet the requisite mens rea under 18 U.S.C. § 1001(a)(2), must a defendant have knowledge or a reckless disregard that the underlying conduct of the lie was unlawful?

  3. Does Maslenjak’s “materiality” requirement demand that the government establish that a false statement influenced an actual decision of an agency?

Counsel of record

For petitioner
Kari Elisabeth Hong
Boston College Law School

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Linked docket
18A203

Proceedings

  1. Feb 19 2019
    Petition DENIED.
  2. Jan 23 2019
    DISTRIBUTED for Conference of 2/15/2019.
  3. Jan 22 2019
    Reply of petitioner John Lee filed.
  4. Jan 07 2019
    Brief of respondent United States in opposition filed.
  5. Dec 06 2018
    Motion to extend the time to file a response is granted and the time is extended to and including January 7, 2019.
  6. Dec 04 2018
    Motion to extend the time to file a response from December 6, 2018 to January 7, 2019, submitted to The Clerk.
  7. Nov 02 2018
    Petition for a writ of certiorari filed. (Response due December 6, 2018)
  8. Aug 24 2018
    Application (18A203) granted by The Chief Justice extending the time to file until November 2, 2018.
  9. Aug 21 2018
    Application (18A203) to extend the time to file a petition for a writ of certiorari from September 4, 2018 to November 3, 2018, submitted to The Chief Justice.