Supreme Court of the United States · Official docket →
Reymundo Arredondo v. United States
IFP petition · United States Court of Appeals for the Ninth Circuit, No. 22-50132 · judgment October 15, 2024
Question presented
“[A] variation between pleading” in an indictment “and proof” at trial can result in a constructive amendment, thereby “destroy[ing] the defendant’s substantial right to be tried only on charges presented in an indictment returned by a grand jury.” Stirone v. United States, 361 U.S. 212, 217 (1960). Some courts have concluded that a constructive amendment can arise only when the crime charged is defined in a different statute from the crime proved. But other courts have held that a constructive amendment occurs when the proof at trial alters an essential element of the charged offense, even if the statute pled and proved remains the same. The question presented is: When a criminal offense can be committed in a variety of ways, does a prosecutor constructively amend an indictment by altering the essential elements of the statute specified in the indictment? prefix
Counsel of record
For petitioner
Katie Hurrelbrink
Federal Defenders of San Diego
For respondent
D. John Sauer
Solicitor General
Proceedings
- Dec 15 2025Petition DENIED.
- Nov 26 2025DISTRIBUTED for Conference of 12/12/2025.
- Nov 25 2025Reply of petitioner Reymundo Arredondo filed. (Distributed)
- Nov 10 2025Brief of respondent United States in opposition filed.
- Sep 30 2025Motion to extend the time to file a response is granted and the time is further extended to and including November 10, 2025.
- Sep 29 2025Motion to extend the time to file a response from October 10, 2025 to November 10, 2025, submitted to The Clerk.
- Aug 27 2025Motion to extend the time to file a response is granted and the time is further extended to and including October 10, 2025.
- Aug 26 2025Motion to extend the time to file a response from September 10, 2025 to October 10, 2025, submitted to The Clerk.
- Aug 08 2025Motion to extend the time to file a response is granted and the time is extended to and including September 10, 2025.
- Aug 07 2025Motion to extend the time to file a response from August 11, 2025 to September 10, 2025, submitted to The Clerk.
- Jul 11 2025Response Requested. (Due August 11, 2025)
- Jun 18 2025DISTRIBUTED for Conference of 9/29/2025.
- Jun 10 2025Waiver of right of respondent United States of America to respond filed.
- May 27 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 3, 2025)
- Apr 23 2025Application (24A1019) granted by Justice Kagan extending the time to file until May 30, 2025.
- Apr 17 2025Application (24A1019) to extend the time to file a petition for a writ of certiorari from April 30, 2025 to May 30, 2025, submitted to Justice Kagan.