Supreme Court Report

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Vahan Kelerchian v. United States

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 18-1320 · judgment August 22, 2019

Certiorari denied · June 1, 2020
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition and counsel who has filed here before, and down for a petition filed soon after the judgment below.

Questions presented

  1. Does the “right to control” constitute “property” for purposes of wire and mail fraud in light of this Court’s holding in McNally, Carpenter, Cleveland and Skilling ?

  2. Is general regulatory authority vested in a federal agency sufficient to expose the citizenry to criminal prosecution under 18 U.S.C. § 371 in the context of a private business dealing where the agency is not a participant?

Counsel of record

For petitioner
J. Michael Katz
Law Offices of J. Michael Katz

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, June 1, 2020 · Certiorari denied

Proceedings

  1. Jun 01 2020
    Petition DENIED.
  2. May 12 2020
    DISTRIBUTED for Conference of 5/28/2020.
  3. Apr 24 2020
    Brief of respondent United States of America in opposition filed.
  4. Apr 20 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including April 24, 2020.
  5. Apr 17 2020
    Motion to extend the time to file a response from April 22, 2020 to April 24, 2020, submitted to The Clerk.
  6. Mar 17 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including April 22, 2020.
  7. Mar 16 2020
    Motion to extend the time to file a response from March 23, 2020 to April 22, 2020, submitted to The Clerk.
  8. Feb 14 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including March 23, 2020.
  9. Feb 13 2020
    Motion to extend the time to file a response from February 18, 2020 to March 23, 2020, submitted to The Clerk.
  10. Jan 13 2020
    Motion to extend the time to file a response is granted and the time is extended to and including February 18, 2020.
  11. Jan 10 2020
    Motion to extend the time to file a response from January 17, 2020 to February 18, 2020, submitted to The Clerk.
  12. Nov 20 2019
    Petition for a writ of certiorari filed. (Response due January 17, 2020)