Dubin v. United States

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
22-10	5th Cir.	Feb 27, 2023	Jun 8, 2023	9-0	Sotomayor	OT 2022

Holding: Under 18 U.S.C. " 1028A(a)(1)"s crime of "aggravated identity theft," a defendant "uses" another person"s means of identification "in relation to" a predicate offense when the use is at the crux of what makes the conduct criminal.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Sotomayor on June 8, 2023. Justice Gorsuch filed an opinion concurring in the judgment.

SCOTUSblog Coverage

Supreme Court cabins reach of aggravated identity theft statute (Daniel Harawa, June 9, 2023)
Justices lean toward narrow reading of aggravated identity theft (Daniel Harawa, March 1, 2023)
Literalism vs. lenity in a case on the scope of federal identity theft (Daniel Harawa, February 24, 2023)
Court schedules February arguments on student-loan relief, tech companies liability (Amy Howe, December 19, 2022)
Justices will review scope of identity theft in case involving Medicaid fraud (Amy Howe, November 10, 2022)
Justices will take a closer look at a capital conviction that prosecutors no longer support (John Elwood, November 9, 2022)
Intellectual property and Navajo water rights (John Elwood, November 2, 2022)
What constitutes identity theft? (John Elwood, October 26, 2022)
Health care fraud case sharpens dispute over what counts as aggravated identity theft (Kalvis Golde, July 22, 2022)

Date	Proceedings and Orders (key to color coding)
05/05/2022	Application (21A694) to extend the time to file a petition for a writ of certiorari from June 1, 2022 to July 31, 2022, submitted to Justice Alito.
05/11/2022	Application (21A694) granted by Justice Alito extending the time to file until July 1, 2022.
06/30/2022	Petition for a writ of certiorari filed. (Response due August 4, 2022)
07/27/2022	Motion to extend the time to file a response from August 4, 2022 to September 6, 2022, submitted to The Clerk.
08/01/2022	Motion to extend the time to file a response is granted and the time is extended to and including September 6, 2022.
08/02/2022	Brief amici curiae of National Association of Criminal Defense Lawyers filed.
09/02/2022	Motion to extend the time to file a response from September 6, 2022 to September 8, 2022, submitted to The Clerk.
09/06/2022	Motion to extend the time to file a response is granted and the time is further extended to and including September 8, 2022.
09/08/2022	Brief of respondent United States in opposition filed.
09/28/2022	DISTRIBUTED for Conference of 10/14/2022.
09/28/2022	Reply of petitioner David Dubin filed. (Distributed)
10/24/2022	DISTRIBUTED for Conference of 10/28/2022.
10/31/2022	DISTRIBUTED for Conference of 11/4/2022.
11/07/2022	DISTRIBUTED for Conference of 11/10/2022.
11/10/2022	Petition GRANTED.
12/08/2022	Blanket Consent filed by Petitioner, David Dubin
12/19/2022	SET FOR ARGUMENT on Monday, February 27, 2023.
12/20/2022	Record requested from the U.S.C.A. for the Fifth Circuit.
12/23/2022	Brief of petitioner David Dubin filed.
12/23/2022	Joint appendix filed.
12/27/2022	Brief amicus curiae of Professor Joel S. Johnson filed.
12/29/2022	Brief amici curiae of National Association of Criminal Defense Lawyers filed.
12/29/2022	Brief amicus curiae of National Association of Federal Defenders filed.
12/30/2022	Record from the U.S.C.A.-5th Circuit is available on PACER.
01/04/2023	Record received from the U.S.D.C.-Western District of Texas. Electronic Record on Appeal transmitted electronically.
01/17/2023	CIRCULATED
01/23/2023	Brief of respondent United States filed. (Distributed)
02/16/2023	Reply of petitioner David Dubin filed. (Distributed)
02/27/2023	Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
06/08/2023	Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Kavanaugh, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed an opinion concurring in the judgment.
07/10/2023	Judgment issued.