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Charles Chavez v. United States

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 20-2083 · judgment March 29, 2022


Certiorari denied · December 5, 2022
Pre-decision estimate: 7% cert probability (95% interval 4%–12%)

Before the decision, about 1.8× 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 Tenth Circuit decision below.

Question presented

The federal bank-robbery statute prohibits taking (or attempting to take) “from the person or presence of another … any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank.” 18 U.S.C. § 2113(a). The question presented is: Whether a person violates this provision by forcing a bank customer to withdraw the customer’s money from an ATM in order to take the money from the customer.

Counsel of record

For petitioner
Michael R. Dreeben
O’Melveny & Myers LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
21A818

Proceedings

  1. Dec 05 2022
    Petition DENIED.
  2. Nov 15 2022
    DISTRIBUTED for Conference of 12/2/2022.
  3. Nov 15 2022
    Reply of petitioner Charles Chavez filed. (Distributed)
  4. Oct 28 2022
    Brief of respondent United States in opposition filed.
  5. Sep 21 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including October 28, 2022.
  6. Sep 20 2022
    Motion to extend the time to file a response from September 28, 2022 to October 28, 2022, submitted to The Clerk.
  7. Aug 24 2022
    Motion to extend the time to file a response is granted and the time is extended to and including September 28, 2022.
  8. Aug 23 2022
    Motion to extend the time to file a response from August 29, 2022 to September 28, 2022, submitted to The Clerk.
  9. Jul 27 2022
    Petition for a writ of certiorari filed. (Response due August 29, 2022)
  10. Jun 14 2022
    Application (21A818) granted by Justice Gorsuch extending the time to file until July 27, 2022.
  11. Jun 10 2022
    Application (21A818) to extend the time to file a petition for a writ of certiorari from June 27, 2022 to July 27, 2022, submitted to Justice Gorsuch.