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David G. Bowser v. United States

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 18-3055, 18-3062, 19-3037 · judgment June 30, 2020

Certiorari denied · February 22, 2021
Pre-decision estimate: 2% cert probability

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

Question presented

Whether the legal duty to disclose, required for a criminal concealment of a material fact, 18 U.S.C. § 1001(a)(1), can be created by coupling a voluntary request for information with a certification of compliance subject to the false statement proscription of 18 U.S.C. § 1001(a)(2)? Whether a defendant can obtain relief where a trial court, in violation of Fed.R.Crim.P. 29 and 48, refuses to rule on a motion for judgment of acquittal and, over the defendant’s objection, instead permits the Government to dismiss the charge with prejudice?

Counsel of record

For petitioner
Leslie Sue McAdoo Gordon
McAdoo Gordon & Associates, P.C.

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 22 2021
    Petition DENIED.
  2. Jan 20 2021
    DISTRIBUTED for Conference of 2/19/2021.
  3. Jan 15 2021
    Waiver of right of respondent United States to respond filed.
  4. Jan 04 2021
    Petition for a writ of certiorari filed. (Response due February 10, 2021)