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, a dissent in the court below (flagged in the petition), and an Eleventh Circuit decision below.
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
Conference history
Distributed for 2 conferences
Amicus briefs
3 merits
(3 supporting pet./neither)
Argument & decision
Argued March 28, 2023 — Samir Deger-Sen · Sopan Joshi. Audio and transcript
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.