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Andrew N. MacRitchie v. United States

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 23-2308, 24-5402 · judgment September 5, 2025


Pending

Question presented

Whether the Ninth Circuit’s “prophylactic” rule barring a defendant from introducing any evidence of individual investor behavior to disprove the materiality or intent elements of wire fraud is foreclosed by this Court’s precedent and violates a defendant’s due process rights.

Counsel of record

For petitioner
Michael Tremonte
Sher Tremonte LLP

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
25A1055

Proceedings

  1. Aug 24 2026
    Motion to extend the time to file a response is granted and the time is extended to and including September 23, 2026.
  2. Aug 20 2026
    Motion to extend the time to file a response from August 24, 2026 to September 23, 2026, submitted to The Clerk.
  3. Jul 23 2026
    Response Requested. (Due August 24, 2026)
  4. Jun 18 2026
    DISTRIBUTED for Conference of 9/28/2026.
  5. Jun 11 2026
    Waiver of right of respondent United States to respond filed.
  6. May 28 2026
    Motion for Leave to Proceed in Forma Pauperis of Andrew N. MacRitchie not accepted for filing. (June 04, 2026)
  7. May 28 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 6, 2026)
  8. Mar 24 2026
    Application (25A1055) granted by Justice Kagan extending the time to file until May 28, 2026.
  9. Mar 20 2026
    Application (25A1055) to extend the time to file a petition for a writ of certiorari from March 29, 2026 to May 28, 2026, submitted to Justice Kagan.