No. 23-959
 
Title: Colin Montague, Petitioner
v.
United States
Docketed: March 4, 2024
Linked with: 23A559
Lower Ct: United States Court of Appeals for the Second Circuit
   Case Numbers: (18-2975-cr)
   Decision Date: May 9, 2023
   Rehearing Denied: October 18, 2023
 
Proceedings and Orders
Dec 14 2023 Application (23A559) to extend the time to file a petition for a writ of certiorari from January 16, 2024 to March 1, 2024, submitted to Justice Sotomayor.
Main Document Lower Court Orders/Opinions Lower Court Orders/Opinions Proof of Service
Dec 20 2023 Application (23A559) granted by Justice Sotomayor extending the time to file until March 1, 2024.
Feb 29 2024 Petition for a writ of certiorari filed. (Response due April 3, 2024)
Petition Appendix Certificate of Word Count Proof of Service
Mar 27 2024 Motion to extend the time to file a response from April 3, 2024 to May 3, 2024, submitted to The Clerk.
Main Document
Mar 28 2024 Motion to extend the time to file a response is granted and the time is extended to and including May 3, 2024.
Apr 03 2024 Brief amicus curiae of New York State Association of Criminal Defense Lawyers filed.
Main Document Proof of Service Certificate of Word Count
Apr 03 2024 Brief amicus curiae of Cato Institute filed.
Main Document Proof of Service Certificate of Word Count
Apr 03 2024 Brief amicus curiae of Clause 40 Foundation filed.
Main Document Proof of Service Certificate of Word Count
Apr 03 2024 Brief amicus curiae of New York Council of Defense Lawyers filed.
Main Document Certificate of Word Count Proof of Service
Apr 23 2024 Motion to extend the time to file a response from May 3, 2024 to May 17, 2024, submitted to The Clerk.
Main Document
Apr 24 2024 Motion to extend the time to file a response is granted and the time is further extended to and including May 17, 2024.
May 17 2024 Brief of respondent United States in opposition filed.
Main Document Proof of Service
May 22 2024 Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Main Document
May 23 2024 Reply of petitioner Colin Montague filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
May 28 2024 DISTRIBUTED for Conference of 6/13/2024.
Jun 17 2024 Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of the confession of error by the Solicitor General in her brief for the United States filed on May 17, 2024.
Jul 19 2024 Judgment Issued.
Main Document
Attorneys
Attorneys for Petitioners
Michael B. Kimberly
Counsel of Record
McDermott Will & Emery LLP
500 North Capitol Street NW
The McDermott Building
Washington, DC 20001

MKIMBERLY@MWE.COM
Ph: (202) 756-8901
Party name: Colin Montague


Attorneys for Respondents
Elizabeth B. Prelogar
Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: United States


Other Attorneys
Amer Shahid Ahmed
Counsel of Record
Gibson, Dunn & Crutcher LLP
200 Park Avenue
New York, NY 10166

aahmed@gibsondunn.com
Ph: (212) 351-2427
Party name: New York State Association of Criminal Defense Lawyers


Sandra Lynn Musumeci
Counsel of Record
Kelley Drye & Warren LLP
3 World Trade Center
175 Greenwich Street
New York, NY 10007

SMusumeci@KelleyDrye.com
Ph: (212) 808-7800
Party name: Clause 40 Foundation


Clark M. Neily III
Counsel of Record
Cato Institute
1000 Mass. Ave. NW
Washington, DC 20001

CNEILY@CATO.ORG
Ph: 2024257499
Party name: Cato Institute


Harry Sandick
Counsel of Record
Patterson Belknap Webb & Tyler LLP
1133 Avenue of the Americas
New York, NY 10036

HSANDICK@PBWT.COM
Ph: (212)336-2000
Party name: New York Council of Defense Lawyers