Supreme Court Report

Supreme Court of the United States · Official docket →

Jonathan Dean Davis v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-10996 · judgment November 15, 2022


Certiorari denied · October 2, 2023
Pre-decision estimate: 5% cert probability (95% interval 3%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, counsel with five or more prior petitions here, and a dissent in the court below (flagged in the petition).

Questions presented

  1. Is proof of misrepresentations by a defendant in 2014 alone sufficient to establish that wire transfers occurring years later in 2016 and 2017 were “for the purpose of executing” a scheme to defraud in violation of 18 U.S.C. § 1343 or does “wire fraud” require evidence to connect the wires to the fraud?

  2. Is proof of misrepresentations by a defendant in 2014 alone sufficient to prove that a defendant “knew” transactions occurring years later in 2016 and 2017 involved proceeds of a crime for purposes of money laundering under 18 U.S.C. § 1957?

  3. Is the calculation of the amount of funds received or obtained by a defendant in payment for services rendered alone sufficient to establish a victim’s “loss” for purposes of restitution or sentencing?

Counsel of record

For petitioner
Tillman J. Breckenridge
Stris & Maher LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Jun 27 2023
    Reply of petitioner Jonathan Dean Davis filed. (Distributed)
  3. Jun 21 2023
    DISTRIBUTED for Conference of 9/26/2023.
  4. Jun 07 2023
    Brief of respondent United States in opposition filed.
  5. May 03 2023
    Motion to extend the time to file a response is granted and the time is extended to and including June 7, 2023.
  6. May 02 2023
    Motion to extend the time to file a response from May 8, 2023 to June 7, 2023, submitted to The Clerk.
  7. Apr 07 2023
    Response Requested. (Due May 8, 2023)
  8. Apr 05 2023
    DISTRIBUTED for Conference of 4/21/2023.
  9. Mar 31 2023
    Waiver of right of respondent United States to respond filed.
  10. Mar 27 2023
    Petition for a writ of certiorari filed. (Response due April 28, 2023)