Supreme Court of the United States · Official docket →
Carlos Herrera, Daniel Sanchez, and Anthony Ray Baca v. United States
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 19-2126, 19-2141, 19-2195 · judgment October 27, 2022
Before the decision, about 3.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
Under Federal Rule of Criminal Procedure 12, certain arguments—including those alleging “a defect in the indictment”—“must be raised by pretrial motion,” or the argument “is untimely.” Fed. R. Crim. P. 12(b)(3), (c)(3). In contrast, “[a] motion that the court lacks jurisdiction may be made at any time.” Fed. R. Crim. P. 12(b)(2). The question presented is: Whether, under Federal Rule of Criminal Procedure 12, Petitioners were permitted to bring a facial constitutional challenge to their statute of conviction under the Commerce Clause by filing a post-trial motion rather than a pretrial motion.
Counsel of record
For petitioner
E. Joshua Rosenkranz
Orrick, Herrington & Sutcliffe LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Jun 20 2023Petition DENIED.
- May 30 2023DISTRIBUTED for Conference of 6/15/2023.
- May 25 2023Reply of petitioners Carlos Herrera, et al. filed.
- May 15 2023Brief of respondent United States in opposition filed.
- Apr 24 2023Motion to extend the time to file a response is granted and the time is further extended to and including May 15, 2023.
- Apr 21 2023Motion to extend the time to file a response from May 1, 2023 to May 15, 2023, submitted to The Clerk.
- Mar 22 2023Motion to extend the time to file a response is granted and the time is extended to and including May 1, 2023.
- Mar 21 2023Motion to extend the time to file a response from March 31, 2023 to May 1, 2023, submitted to The Clerk.
- Feb 24 2023Petition for a writ of certiorari filed. (Response due March 31, 2023)
- Jan 20 2023Application (22A645) granted by Justice Gorsuch extending the time to file until February 24, 2023.
- Jan 13 2023Application (22A645) to extend the time to file a petition for a writ of certiorari from January 25, 2023 to February 24, 2023, submitted to Justice Gorsuch.