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Raymond Liddy v. United States
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-3654 · judgment July 24, 2024
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.
Question presented
This case raises a fundamental question that has split the Circuits regarding the intersection between the use of the Internet and federal criminal law. The question is whether statutes containing the language “in interstate or foreign commerce” merely require proof that the defendant used the Internet to complete the crime or must the prosecution prove the subject online transmission actually crossed state lines. E.g., 18 U.S.C. § 875(c). The First, Second, Third, and Fifth Circuits take the position that the government satisfies the “in interstate commerce” element of a statute simply by showing Internet use. The Ninth and Tenth Circuits hold that the government must prove that the online communication crossed state lines.
Counsel of record
For petitioner
Devin Jai Burstein
Warren & Burstein
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Jun 16 2025Petition DENIED.
- May 27 2025DISTRIBUTED for Conference of 6/12/2025.
- May 21 2025Reply of petitioner Raymond Liddy filed.
- May 14 2025Brief of respondent United States in opposition filed.
- Apr 11 2025Motion to extend the time to file a response is granted and the time is further extended to and including May 14, 2025.
- Apr 10 2025Motion to extend the time to file a response from April 14, 2025 to May 14, 2025, submitted to The Clerk.
- Mar 07 2025Motion to extend the time to file a response is granted and the time is further extended to and including April 14, 2025.
- Mar 06 2025Motion to extend the time to file a response from March 14, 2025 to April 14, 2025, submitted to The Clerk.
- Feb 07 2025Motion to extend the time to file a response is granted and the time is extended to and including March 14, 2025.
- Feb 06 2025Motion to extend the time to file a response from February 12, 2025 to March 14, 2025, submitted to The Clerk.
- Jan 08 2025Petition for a writ of certiorari filed. (Response due February 12, 2025)