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, 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:
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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
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)