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Herrera v. United States

Petition for certiorari denied on June 20, 2023

Docket No. Op. Below Argument Opinion Vote Author Term
22-827 10th Cir. N/A N/A N/A N/A OT 2022

Issue: Whether, under Federal Rule of Criminal Procedure 12, petitioners were permitted to bring a facial constitutional challenge to their statute of conviction under the commerce clause in Article I, Section 8 of the Constitution by filing a post-trial motion rather than a pretrial motion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
01/13/2023Application (22A645) to extend the time to file a petition for a writ of certiorari from January 25, 2023 to February 24, 2023, submitted to Justice Gorsuch.
01/20/2023Application (22A645) granted by Justice Gorsuch extending the time to file until February 24, 2023.
02/24/2023Petition for a writ of certiorari filed. (Response due March 31, 2023)
03/21/2023Motion to extend the time to file a response from March 31, 2023 to May 1, 2023, submitted to The Clerk.
03/22/2023Motion to extend the time to file a response is granted and the time is extended to and including May 1, 2023.
04/21/2023Motion to extend the time to file a response from May 1, 2023 to May 15, 2023, submitted to The Clerk.
04/24/2023Motion to extend the time to file a response is granted and the time is further extended to and including May 15, 2023.
05/15/2023Brief of respondent United States in opposition filed.
05/25/2023Reply of petitioners Carlos Herrera, et al. filed.
05/30/2023DISTRIBUTED for Conference of 6/15/2023.
06/20/2023Petition DENIED.