Supreme Court of the United States · Official docket →
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
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 2 conferences
Linked docket
25A1055
Proceedings
- Oct 08 2026DISTRIBUTED for Conference of 11/6/2026.
- Oct 07 2026Reply of petitioner Andrew MacRitchie filed. (Distributed)
- Sep 21 2026Brief of respondent United States in opposition filed. VIDED.
- Aug 24 2026Motion to extend the time to file a response is granted and the time is extended to and including September 23, 2026.
- Aug 20 2026Motion to extend the time to file a response from August 24, 2026 to September 23, 2026, submitted to The Clerk.
- Jul 23 2026Response Requested. (Due August 24, 2026)
- Jun 18 2026DISTRIBUTED for Conference of 9/28/2026.
- Jun 11 2026Waiver of right of respondent United States to respond filed.
- May 28 2026Motion for Leave to Proceed in Forma Pauperis of Andrew N. MacRitchie not accepted for filing. (June 04, 2026)
- May 28 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 6, 2026)
- Mar 24 2026Application (25A1055) granted by Justice Kagan extending the time to file until May 28, 2026.
- Mar 20 2026Application (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.