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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


Certiorari denied · January 23, 2023
Pre-decision estimate: 5% cert probability

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 counsel who has filed here before, and down for a petition filed soon after the judgment below.

Questions presented

The questions presented are:

  1. 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?

  2. 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

Conference history
Distributed for 1 conference

Related
Vide, 22-419

Proceedings

  1. Jan 23 2023
    Petition DENIED.
  2. Jan 09 2023
    Reply of petitioner James Vorley filed. (Distributed)
  3. Jan 04 2023
    DISTRIBUTED for Conference of 1/20/2023.
  4. Jan 03 2023
    Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
  5. Dec 30 2022
    Brief of respondent United States in opposition filed. VIDED.
  6. Nov 28 2022
    Motion to extend the time to file a response is granted and the time is extended to and including December 30, 2022.
  7. Nov 25 2022
    Motion to extend the time to file a response from November 30, 2022 to December 30, 2022, submitted to The Clerk.
  8. Oct 27 2022
    Petition for a writ of certiorari filed. (Response due November 30, 2022)