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Brett C. Lillemoe v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-1956, 17-1969, 17-2844, 17-2866 · judgment December 3, 2019

Certiorari denied · December 14, 2020
Pre-decision estimate: 3% cert probability

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

Question presented

Whether a defendant may be convicted of federal “money or property” fraud when his alleged deceit was incapable of affecting any economic decisions by, or causing any economic harm to, the alleged victim.

Counsel of record

For petitioner
Alexandra Anastasia Ekaterina Shapiro
Shapiro Arato Bach LLP

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

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

Conference history
Distributed for 3 conferences

Related
Vide, 20-176

Order
Order list, December 14, 2020 · Certiorari denied

Proceedings

  1. Dec 14 2020
    Petition DENIED.
  2. Dec 07 2020
    DISTRIBUTED for Conference of 12/11/2020.
  3. Dec 03 2020
    Rescheduled.
  4. Nov 17 2020
    DISTRIBUTED for Conference of 12/4/2020.
  5. Nov 12 2020
    Reply of petitioner Brett Lillemoe filed. (Distributed)
  6. Oct 30 2020
    Brief of respondent United States of America in opposition filed.
  7. Oct 28 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including October 30, 2020.
  8. Oct 26 2020
    Motion to extend the time to file a response from October 28, 2020 to October 30, 2020, submitted to The Clerk.
  9. Sep 29 2020
    Motion to extend the time to file a response from September 28, 2020 to October 28, 2020, submitted to The Clerk.
  10. Sep 29 2020
    Motion to extend the time to file a response is granted and the time is extended to and including October 28, 2020.
  11. Aug 27 2020
    Response Requested. (Due September 28, 2020)
  12. Aug 26 2020
    DISTRIBUTED for Conference of 9/29/2020.
  13. Aug 19 2020
    Waiver of right of respondent United States of America to respond filed.
  14. Aug 07 2020
    Petition for a writ of certiorari filed. (Response due September 14, 2020)