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Pablo Calderon 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: 0% cert probability

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

Question presented

The rights and obligations of parties in a letter of credit are subject to the statutory provisions of the Uniform Commercial Code Article 5. In particular, the conditions that allow a party to dishonor a letter of credit presentation is black letter law. By ignoring statutory law in this criminal case, the Second Circuit created a property right that is non-existent in civil fraud litigation. The question presented is: Can a party in a criminal fraud action have a property right that applicable statutory law denies in a civil action?

Counsel of record

For petitioner
Pablo Calderon

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 3 conferences

Related
Vide, 20-163

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. Aug 27 2020
    Rescheduled.
  6. Aug 26 2020
    DISTRIBUTED for Conference of 9/29/2020.
  7. Aug 20 2020
    Waiver of right of respondent United States to respond filed.
  8. Aug 06 2020
    Petition for a writ of certiorari filed. (Response due September 16, 2020)