Supreme Court of the United States · Official docket →
James Vorley v. United States
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 21-2251, 21-2666 · judgment July 6, 2022
Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, counsel who has filed here before, and a petition citing one or two dissents, and down for a petition filed soon after the judgment below.
Questions presented
The questions presented are:
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Whether, as the Seventh and Ninth Circuits hold, a “scheme or artifice to defraud” under the wire fraud statute, 18 U.S.C. § 1343, encompasses an “implied misrepresentation,” or whether, as the Second, Sixth, and Eleventh Circuits hold, the wire fraud statute requires an express statement that is either false or misleading?
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Whether, as the Seventh Circuit holds, a district court may cure a Speedy Trial Act violation by making an after-the-fact finding that the ends of justice outweigh the interests of the criminal defendant and the public for a speedy trial, 18 U.S.C. § 3161(h)(7), or whether, as the Second, Fifth, Sixth, Eighth, Ninth, and Tenth Circuits hold, a district court must make the ends-of-justice finding at the time that it grants the continuance?
Counsel of record
For petitioner
Michael Hugh McGinley
Dechert 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 1 conference
Related
Vide, 22-419
Order
Order list, January 23, 2023 · Certiorari denied
Proceedings
- Jan 23 2023Petition DENIED.
- Jan 09 2023Reply of petitioner James Vorley filed. (Distributed)
- Jan 04 2023DISTRIBUTED for Conference of 1/20/2023.
- Jan 03 2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- Dec 30 2022Brief of respondent United States in opposition filed. VIDED.
- Nov 28 2022Motion to extend the time to file a response is granted and the time is extended to and including December 30, 2022.
- Nov 25 2022Motion to extend the time to file a response from November 30, 2022 to December 30, 2022, submitted to The Clerk.
- Oct 27 2022Petition for a writ of certiorari filed. (Response due November 30, 2022)