Supreme Court of the United States · Official docket →
Timothy J. Smith v. United States
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 20-12667 · judgment January 12, 2022
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eleventh Circuit decision below, and a petition citing one or two dissents.
Question presented
Whether the proper remedy for the government's failure to prove venue is an acquittal barring re-prosecution of the offense, as the Fifth and Eighth Circuits have held, or whether instead the government may re-try the defendant for the same offense in a different venue, as the Sixth, Ninth, Tenth, and Eleventh Circuits have held.
Counsel of record
For petitioner
Samir Ibrahim Deger-Sen
Latham & Watkins LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 2 conferences
Amicus briefs
3 merits
(3 supporting pet./neither)
Linked docket
21A697
Order
Miscellaneous order, December 13, 2022 · Certiorari granted
Argument & decision
Argued March 28, 2023 — Samir Deger-Sen · Sopan Joshi. Listen and read along · the Court’s audio
Decided June 15, 2023. Opinion by Alito.
Proceedings
- Jul 17 2023Judgment issued.
- Jun 26 2023Record returned to the USDC-Northern District of Florida (1 envelope of sealed materials).
- Jun 15 2023Adjudged to be AFFIRMED. Alito, J., delivered the opinion for a unanimous Court.
- Mar 28 2023Argued. For petitioner: Samir Deger-Sen, New York, N. Y. For respondent: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
- Mar 17 2023Reply of petitioner Timothy J. Smith filed. (Distributed)
- Feb 27 2023Brief of respondent United States filed. (Distributed)
- Feb 22 2023Record received from the USDC-Northern District of Florida (1 envelope of sealed materials). The remainder of the record is available on PACER.
- Feb 13 2023CIRCULATED
- Feb 03 2023Record requested from the U.S.C.A. for the Eleventh Circuit.
- Feb 03 2023All records from the USCA-11th Circuit are available on PACER. Record request forwarded to the USDC-Northern District of Florida.
- Feb 03 2023Brief amici curiae of Professor Drew L. Kershen and Professor Brian C. Kalt filed.
- Feb 03 2023Brief amici curiae of The Rutherford Institute, the Cato Institute, and the National Association for Public Defense filed.
- Feb 03 2023Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- Jan 31 2023SET FOR ARGUMENT on Tuesday, March 28, 2023.
- Jan 27 2023Brief of petitioner Timothy J. Smith filed.
- Jan 27 2023Joint appendix filed. (Statement of costs filed)
- Dec 13 2022Motion for leave to file amici brief filed by The Rutherford Institute, et al. GRANTED.
- Dec 13 2022Petition GRANTED.
- Dec 05 2022DISTRIBUTED for Conference of 12/9/2022.
- Nov 30 2022Rescheduled.
- Nov 15 2022DISTRIBUTED for Conference of 12/2/2022.
- Nov 14 2022Reply of petitioner Timothy J. Smith filed. (Distributed)
- Oct 28 2022Brief of respondent United States in opposition filed.
- Sep 16 2022Motion to extend the time to file a response is granted and the time is further extended to and including October 28, 2022.
- Sep 14 2022Motion to extend the time to file a response from September 21, 2022 to October 28, 2022, submitted to The Clerk.
- Aug 01 2022Motion to extend the time to file a response is granted and the time is further extended to and including September 21, 2022.
- Jul 28 2022Motion to extend the time to file a response from August 22, 2022 to September 21, 2022, submitted to The Clerk.
- Jul 21 2022Motion for leave to file amici brief filed by The Rutherford Institute, et al.
- Jul 15 2022Motion to extend the time to file a response is granted and the time is extended to and including August 22, 2022.
- Jul 14 2022Motion to extend the time to file a response from July 21, 2022 to August 22, 2022, submitted to The Clerk.
- Jun 16 2022Petition for a writ of certiorari filed. (Response due July 21, 2022)
- May 10 2022Application (21A697) granted by Justice Thomas extending the time to file until June 16, 2022.
- May 03 2022Application (21A697) to extend the time to file a petition for a writ of certiorari from May 17, 2022 to June 16, 2022, submitted to Justice Thomas.