Supreme Court of the United States · Official docket →
Colin Montague v. United States
Paid petition · United States Court of Appeals for the Second Circuit, No. 18-2975-cr · judgment May 9, 2023
GVR'd · June 17, 2024
Pre-decision estimate: 4% cert probability
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Second Circuit decision below.
Question presented
The question presented, over which there is an open split between the Second and Third Circuits, is whether an indictment charging a violation of 21 U.S.C. § 848 is invalid if it fails to set forth facts and circumstances that establish the elements of at least three prior controlledsubstance offenses.
Counsel of record
For petitioner
Michael B. Kimberly
McDermott Will & Emery LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Jul 19 2024Judgment Issued.
- Jun 17 2024Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of the confession of error by the Solicitor General in her brief for the United States filed on May 17, 2024.
- May 28 2024DISTRIBUTED for Conference of 6/13/2024.
- May 23 2024Reply of petitioner Colin Montague filed. (Distributed)
- May 22 2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- May 17 2024Brief of respondent United States in opposition filed.
- Apr 24 2024Motion to extend the time to file a response is granted and the time is further extended to and including May 17, 2024.
- Apr 23 2024Motion to extend the time to file a response from May 3, 2024 to May 17, 2024, submitted to The Clerk.
- Apr 03 2024Brief amicus curiae of New York State Association of Criminal Defense Lawyers filed.
- Apr 03 2024Brief amicus curiae of Cato Institute filed.
- Apr 03 2024Brief amicus curiae of Clause 40 Foundation filed.
- Apr 03 2024Brief amicus curiae of New York Council of Defense Lawyers filed.
- Mar 28 2024Motion to extend the time to file a response is granted and the time is extended to and including May 3, 2024.
- Mar 27 2024Motion to extend the time to file a response from April 3, 2024 to May 3, 2024, submitted to The Clerk.
- Feb 29 2024Petition for a writ of certiorari filed. (Response due April 3, 2024)
- Dec 20 2023Application (23A559) granted by Justice Sotomayor extending the time to file until March 1, 2024.
- Dec 14 2023Application (23A559) to extend the time to file a petition for a writ of certiorari from January 16, 2024 to March 1, 2024, submitted to Justice Sotomayor.