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David Fox Dubin v. United States
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-50912 · judgment March 3, 2022
Before the decision, about 4.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Fifth Circuit decision below, and a circuit split argued in the petition.
Question presented
The federal aggravated identity theft statute provides: "Whoever, during and in relation to any felony violation enumerated [elsewhere in the statute], knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person, shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years." 18 U.S.C. § 1028A(a)(1). The question presented is whether a person commits aggravated identity theft any time he mentions or otherwise recites someone else's name while committing a predicate offense.
Counsel of record
For petitioner
Jeffrey L. Fisher
Stanford Law School Supreme Court Litigation Clini
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 4 conferences
Amicus briefs
1 cert-stage · 3 merits
(3 supporting pet./neither)
Argument & decision
Argued February 27, 2023 — Jeffrey L. Fisher · Vivek Suri. Audio and transcript
Decided June 8, 2023. Opinion by Sotomayor.
Proceedings
- Jul 10 2023Judgment issued.
- Jun 08 2023Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Kavanaugh, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed an opinion concurring in the judgment.
- Feb 27 2023Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
- Feb 16 2023Reply of petitioner David Dubin filed. (Distributed)
- Jan 23 2023Brief of respondent United States filed. (Distributed)
- Jan 17 2023CIRCULATED
- Jan 04 2023Record received from the U.S.D.C.-Western District of Texas. Electronic Record on Appeal transmitted electronically.
- Dec 30 2022Record from the U.S.C.A.-5th Circuit is available on PACER.
- Dec 29 2022Brief amici curiae of National Association of Criminal Defense Lawyers filed.
- Dec 29 2022Brief amicus curiae of National Association of Federal Defenders filed.
- Dec 27 2022Brief amicus curiae of Professor Joel S. Johnson filed.
- Dec 23 2022Brief of petitioner David Dubin filed.
- Dec 23 2022Joint appendix filed.
- Dec 20 2022Record requested from the U.S.C.A. for the Fifth Circuit.
- Dec 19 2022SET FOR ARGUMENT on Monday, February 27, 2023.
- Dec 08 2022Blanket Consent filed by Petitioner, David Dubin
- Nov 10 2022Petition GRANTED.
- Nov 07 2022DISTRIBUTED for Conference of 11/10/2022.
- Oct 31 2022DISTRIBUTED for Conference of 11/4/2022.
- Oct 24 2022DISTRIBUTED for Conference of 10/28/2022.
- Sep 28 2022DISTRIBUTED for Conference of 10/14/2022.
- Sep 28 2022Reply of petitioner David Dubin filed. (Distributed)
- Sep 08 2022Brief of respondent United States in opposition filed.
- Sep 06 2022Motion to extend the time to file a response is granted and the time is further extended to and including September 8, 2022.
- Sep 02 2022Motion to extend the time to file a response from September 6, 2022 to September 8, 2022, submitted to The Clerk.
- Aug 02 2022Brief amici curiae of National Association of Criminal Defense Lawyers filed.
- Aug 01 2022Motion to extend the time to file a response is granted and the time is extended to and including September 6, 2022.
- Jul 27 2022Motion to extend the time to file a response from August 4, 2022 to September 6, 2022, submitted to The Clerk.
- Jun 30 2022Petition for a writ of certiorari filed. (Response due August 4, 2022)
- May 11 2022Application (21A694) granted by Justice Alito extending the time to file until July 1, 2022.
- May 05 2022Application (21A694) to extend the time to file a petition for a writ of certiorari from June 1, 2022 to July 31, 2022, submitted to Justice Alito.