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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: 1% cert probability

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

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

Conference history
Distributed for 1 conference

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)