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Shirene Hernandez v. United States

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-50012 · judgment August 13, 2021


Certiorari denied · December 13, 2021
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

The Court avoided a “vagueness shoal” in Skilling by holding that 18 U.S.C. § 1346’s prohibition on schemes targeting “the intangible right of honest services” forbids “only bribery and kickback schemes.” Skilling v. United States, 561 U.S. 358, 368 (2010). The statute does not prohibit “undisclosed self-dealing by a public official,” id. at 409, though Petitioner and many like her have been convicted on just such a theory. The question presented here is whether after Skilling, must the “right of honest services” described in 18 U.S.C. § 1346 be defined in relation to a specific fiduciary duty against bribes or kickbacks, rather than a fiduciary duty against self-dealing, as presently permitted by the Ninth Circuit?

Counsel of record

For petitioner
Timothy Allen Scott
Singleton, Schreiber, McKenzie & Scott

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 13 2021
    Petition DENIED.
  2. Nov 23 2021
    DISTRIBUTED for Conference of 12/10/2021.
  3. Nov 19 2021
    Waiver of right of respondent United States of America to respond filed.
  4. Nov 12 2021
    Petition for a writ of certiorari filed. (Response due December 17, 2021)