Supreme Court of the United States · Official docket →
Julian Omidi and Surgery Center Management, LLC v. United States
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-1719, 23-1941, 23-1959 · judgment January 16, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
-
Whether the government must prove that the defendant used a means of identification without the consent of its owner, that is, stole the identity, in order to sustain a conviction for aggravated identity theft under 18 U.S.C. § 1028A.
-
Whether a district court’s error in instructing the jury on a mens rea standard that was not alleged in the indictment and does not exist under the charged statutes can be considered harmless beyond a reasonable doubt by an appellate court when the defendant contests the mens rea element at trial.
Counsel of record
For petitioner
Benjamin Lee Coleman
Benjamin L. Coleman Law PC
For respondent
D. John Sauer
Solicitor General
Proceedings
- Jan 12 2026Petition DENIED.
- Dec 16 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 10 2025Rescheduled.
- Nov 25 2025DISTRIBUTED for Conference of 12/12/2025.
- Nov 21 2025Reply of petitioners Julian Omidi, et al. 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.
- Sep 09 2025Motion to extend the time to file a response is granted and the time is extended to and including October 10, 2025.
- Sep 08 2025Motion to extend the time to file a response from September 10, 2025 to October 10, 2025, submitted to The Clerk.
- Aug 01 2025Petition for a writ of certiorari filed. (Response due September 10, 2025)
- Jun 20 2025Application (24A1254) granted by Justice Kagan extending the time to file until August 1, 2025.
- Jun 17 2025Application (24A1254) to extend the time to file a petition for a writ of certiorari from July 2, 2025 to August 1, 2025, submitted to Justice Kagan.