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Docket for 22-10

No. 22-10

Title:	David Fox Dubin, Petitioner v. United States
Docketed:	July 5, 2022
Linked with:	21A694
Lower Ct:	United States Court of Appeals for the Fifth Circuit
Case Numbers:	(19-50912)
Decision Date:	March 3, 2022
Questions Presented

Proceedings and Orders

May 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.
Main Document Proof of Service

May 11 2022

Application (21A694) granted by Justice Alito extending the time to file until July 1, 2022.

Jun 30 2022

Petition for a writ of certiorari filed. (Response due August 4, 2022)
Petition Appendix Certificate of Word Count Proof of Service

Jul 27 2022

Motion to extend the time to file a response from August 4, 2022 to September 6, 2022, submitted to The Clerk.
Main Document

Aug 01 2022

Motion to extend the time to file a response is granted and the time is extended to and including September 6, 2022.

Aug 02 2022

Brief amici curiae of National Association of Criminal Defense Lawyers filed.
Main Document Proof of Service Certificate of Word Count

Sep 02 2022

Motion to extend the time to file a response from September 6, 2022 to September 8, 2022, submitted to The Clerk.
Main Document

Sep 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.

Sep 08 2022

Brief of respondent United States in opposition filed.
Main Document Proof of Service

Sep 28 2022

DISTRIBUTED for Conference of 10/14/2022.

Sep 28 2022

Reply of petitioner David Dubin filed. (Distributed)
Main Document Proof of Service Certificate of Word Count

Oct 24 2022

DISTRIBUTED for Conference of 10/28/2022.

Oct 31 2022

DISTRIBUTED for Conference of 11/4/2022.

Nov 07 2022

DISTRIBUTED for Conference of 11/10/2022.

Nov 10 2022

Petition GRANTED.

Dec 08 2022

Blanket Consent filed by Petitioner, David Dubin
Blanket Consent

Dec 19 2022

SET FOR ARGUMENT on Monday, February 27, 2023.

Dec 20 2022

Record requested from the U.S.C.A. for the Fifth Circuit.

Dec 23 2022

Brief of petitioner David Dubin filed.
Main Document Certificate of Word Count Proof of Service

Dec 23 2022

Joint appendix filed.
Main Document Proof of Service

Dec 27 2022

Brief amicus curiae of Professor Joel S. Johnson filed.
Main Document Certificate of Word Count Proof of Service

Dec 29 2022

Brief amici curiae of National Association of Criminal Defense Lawyers filed.
Main Document Certificate of Word Count Proof of Service

Dec 29 2022

Brief amicus curiae of National Association of Federal Defenders filed.
Main Document Other Certificate of Word Count Proof of Service

Dec 30 2022

Record from the U.S.C.A.-5th Circuit is available on PACER.

Jan 04 2023

Record received from the U.S.D.C.-Western District of Texas. Electronic Record on Appeal transmitted electronically.

Jan 17 2023

CIRCULATED

Jan 23 2023

Brief of respondent United States filed. (Distributed)
Main Document Proof of Service

Feb 16 2023

Reply of petitioner David Dubin filed. (Distributed)
Main Document Certificate of Word Count Proof of Service

Feb 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.

Jun 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.

Jul 10 2023

Judgment issued.
Main Document

Attorneys

Attorneys for Petitioners

Jeffrey L. Fisher
Counsel of Record

Stanford Law School Supreme Court Litigation Clini
559 Nathan Abbott Way
Stanford, CA 94305
jlfisher@law.stanford.edu
Ph: (650) 724-7081
Party name: David Dubin

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 of America

Other Attorneys

Andrew Lee Adler
Counsel of Record

Federal Public Defender's Office
One East Broward Blvd.
Suite 1100
Fort Lauderdale, FL 33301
andrew_adler@fd.org
Ph: 9543567436
Party name: National Association of Federal Defenders

Henry W. Asbill
Counsel of Record

Buckley LLP
2001 M St. NW
Suite 500
Washington, DC 20036
hasbill@buckleyfirm.com
Ph: 202-349-8000
Party name: National Association of Criminal Defense Lawyers

Joel Stephen Johnson
Counsel of Record

Pepperdine Caruso School of Law
24255 E. Pacific Coast Hwy.
Malibu, CA 90263
joel.johnson@pepperdine.edu
Ph: 3105067531
Party name: Professor Joel S. Johnson