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Edward Jacob Lang v. United States

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 22-3039 · judgment April 7, 2023


GVR'd · July 2, 2024
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 D.C. Circuit decision below, counsel with five or more prior petitions here, and a petition filed soon after the judgment below.

Question presented

Whether the Court of Appeals erred in concluding that application of 18 U.S.C. Section 1512(c)(2), a statute crafted to prevent tampering with evidence in “official proceedings,” can be used to prosecute acts of violence against police officers in the context of a public demonstration that turned into a riot, resulting in so “breathtaking” an application of the statute as to run afoul of Van Buren v. United States, 141 S. Ct. 1648 (2021).

Counsel of record

For petitioner
Norman A. Pattis
Pattis & Smith, LLC

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 4 conferences

Amicus briefs
1 cert-stage

Related
Vide, 23-94

Proceedings

  1. Aug 05 2024
    Judgment Issued.
  2. Jul 02 2024
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Fischer v. United States, 603 U. S. ___ (2024).
  3. Jun 28 2024
    DISTRIBUTED for Conference of 7/1/2024.
  4. Dec 01 2023
    Rescheduled.
  5. Dec 01 2023
    DISTRIBUTED for Conference of 12/8/2023.
  6. Nov 14 2023
    DISTRIBUTED for Conference of 12/1/2023.
  7. Oct 30 2023
    Brief of respondent United States in opposition filed. VIDED.
  8. Oct 27 2023
    Motion of FormerFedsGroup Freedom Foundation 501c3 for leave to file amicus brief not accepted for filing. (December 07, 2023)
  9. Oct 27 2023
    Amicus brief of FormerFedsGroup Freedom Foundation 501c3 not accepted for filing. (December 07, 2023)
  10. Sep 26 2023
    Motion to extend the time to file a response is granted and the time is further extended to and including October 30, 2023.
  11. Sep 25 2023
    Motion to extend the time to file a response from September 29, 2023 to October 30, 2023, submitted to The Clerk.
  12. Aug 30 2023
    Brief amici curiae of Christopher Warnagiris, et al. filed. VIDED.
  13. Aug 28 2023
    Motion to extend the time to file a response is granted and the time is extended to and including September 29, 2023.
  14. Aug 24 2023
    Motion to extend the time to file a response from August 30, 2023 to September 29, 2023, submitted to The Clerk.
  15. Jul 31 2023
    Response Requested. (Due August 30, 2023)
  16. Jul 19 2023
    DISTRIBUTED for Conference of 9/26/2023.
  17. Jul 17 2023
    Waiver of right of respondent United States to respond filed.
  18. Jul 07 2023
    Petition for a writ of certiorari filed. (Response due August 10, 2023)