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Percoco v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-1158 | 2nd Cir. |
Nov 28, 2022 |
May 11, 2023 | 9-0 | Alito | OT 2022 |
Holding: Jury instructions on the legal standard for finding that a private citizen owes the government a duty of honest services based on the U.S. Court of Appeals for the 2nd Circuit’s decision in United States v. Margiotta were erroneous.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Alito on May 11, 2023. Justice Alito delivered the opinion of the court, in which Chief Justice Roberts and Justices Sotomayor, Kagan, Kavanaugh, and Barrett joined, and in which Justice Jackson joined as to all but Part II-C-2. Justice Gorsuch filed an opinion concurring in the judgment, in which Justice Thomas joined.
SCOTUSblog Coverage
- Court throws out conviction of former Cuomo aide (Amy Howe, May 11, 2023)
- Justices worry that broad reading of federal bribery law could sweep in lobbyists (Amy Howe, November 28, 2022)
- Former aide to Andrew Cuomo wants court to narrow scope of federal bribery law (Amy Howe, November 27, 2022)
- December argument session will feature divisive cases on election law, First Amendment (Amy Howe, October 18, 2022)
- “Clean-up” conference prompts three new grants, lots of separate writings (Amy Howe, June 30, 2022)
- The (likely) last grants of October Term 2021 (John Elwood, June 29, 2022)
- The “Buffalo Billion” plan and Montana easement cases (Andrew Hamm, March 11, 2022)
| Date | Proceedings and Orders |
|---|---|
| Jan 04 2022 | Application (21A298) to extend the time to file a petition for a writ of certiorari from January 30, 2022 to March 1, 2022, submitted to Justice Sotomayor. |
| Jan 07 2022 | Application (21A298) granted by Justice Sotomayor extending the time to file until March 1, 2022. |
| Feb 17 2022 | Petition for a writ of certiorari filed. (Response due March 24, 2022) |
| Mar 17 2022 | Motion to extend the time to file a response from March 24, 2022 to April 25, 2022, submitted to The Clerk. |
| Mar 21 2022 | Motion to extend the time to file a response is granted and the time is extended to and including April 25, 2022. |
| Mar 24 2022 | Brief amicus curiae of New York Council of Defense Lawyers filed. VIDED. |
| Apr 05 2022 | Motion to extend the time to file a response from April 25, 2022 to May 24, 2022, submitted to The Clerk. |
| Apr 07 2022 | Motion to extend the time to file a response is granted and the time is further extended to and including May 24, 2022. |
| May 24 2022 | Brief of respondent United States in opposition filed. VIDED. |
| Jun 03 2022 | Reply of petitioner Joseph Percoco filed. (Distributed) |
| Jun 07 2022 | DISTRIBUTED for Conference of 6/23/2022. |
| Jun 29 2022 | DISTRIBUTED for Conference of 6/29/2022. |
| Jun 30 2022 | Petition GRANTED. |
| Jul 13 2022 | Motion for an extension of time to file the briefs on the merits filed. |
| Jul 22 2022 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 31, 2022. The time to file respondent's brief on the merits is extended to and including October 18, 2022. |
| Aug 31 2022 | Brief of petitioner Joseph Percoco filed. |
| Aug 31 2022 | Joint appendix filed. (Statement of costs filed) |
| Aug 31 2022 | Brief of respondent Steven Aiello in support of petitioner filed. |
| Sep 07 2022 | Brief amicus curiae of The Chamber of Commerce of the United States of America in support of neither party filed. |
| Sep 07 2022 | Brief amicus curiae of New York Council of Defense Lawyers filed. |
| Sep 07 2022 | Brief amicus curiae of The National Association of Criminal Defense Lawyers filed. |
| Sep 07 2022 | Brief amici curiae of Citizens United, et al. filed. |
| Oct 18 2022 | SET FOR ARGUMENT on Monday, November 28, 2022. |
| Oct 18 2022 | Brief of respondent United States filed. |
| Oct 20 2022 | Motion for divided argument filed by respondent Steven Aiello in support of petitioner. |
| Oct 25 2022 | CIRCULATED. |
| Oct 28 2022 | Record requested from the U.S.C.A. 2nd Circuit. |
| Oct 31 2022 | Record from the U.S.C.A. 2nd Circuit has been electronically filed. |
| Nov 07 2022 | Motion for divided argument filed by respondent Steven Aiello in support of petitioner DENIED. |
| Nov 07 2022 | Record received from the U.S.D.C. Southern District of New York. The documents are Sealed Impounded. ( One envelope ). Also one CD with Sealed documents has been electronically filed. |
| Nov 10 2022 | Reply of petitioner Joseph Percoco filed. (Distributed) |
| Nov 15 2022 | Reply of respondent Steven Aiello in support of petitioner filed. (Distributed) |
| Nov 28 2022 | Argued. For petitioner: Jacob M. Roth, Washington, D. C. For respondent: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| May 11 2023 | Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined, and in which Jackson, J., joined as to all but Part II–C–2. Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas, J., joined. |
| May 18 2023 | Record returned to the U.S.D.C. Southern District of New York (CD-ROM and Sealed materials). |
| Jun 12 2023 | Judgment issued. |
