Aiello v. United States
Emergency application for stay of mandate is denied on Feb. 3, 2025.
Issue: Whether the Supreme Court should stay the mandate of the U.S. Court of Appeals for the 2nd Circuit ordering a second trial while refusing to address a preserved sufficiency challenge on remand in light of Ciminelli v. United States.
| Date | Proceedings and Orders |
|---|---|
| 01/17/2025 | Application (24A712) for a stay, submitted to Justice Sotomayor. |
| 01/22/2025 | Order issued by Justice Sotomayor: Upon consideration of the application of counsel for the applicants, it is ordered that the mandate of the United States Court of Appeals for the Second Circuit, case Nos. 18-2990(L), 18-3710(Con), 18-3712(Con), 18-3715(Con), 18-3850(Con), is hereby stayed as applied to applicants Steven Aiello, Joseph Gerardi, Louis Ciminelli, and Alain Kaloyeros, pending further order of the undersigned or of the Court. It is further ordered that a response to the application be filed on or before Wednesday, January 29, 2025, by 5 p.m. (EST). |
| 01/29/2025 | Response to application from respondent United States filed. |
| 01/31/2025 | Reply of applicant Louis Ciminelli, et al. filed. |
| 02/03/2025 | Order issued by Justice Sotomayor: Upon further consideration of the application of counsel for the applicants, the response filed thereto, and the reply, it is ordered that the stay heretofore issued by the undersigned on January 22, 2025, is hereby vacated. The application for stay is, in all respects, denied. |