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Dunn v. United States

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
12-1056 7th Cir. TBD TBD TBD TBD TBD

Issue: (1) Whether a conspiracy charge under 18 U.S.C. § 371 which alleges violations of both the defraud and offense prongs of that statute presents one or two offenses; (2) whether an ends-of-justice finding necessary to grant an excludable continuance under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7), can be inferred based solely on the context in which the district court granted a continuance rather than the court’s reasoning “on the record" and (3) whether a sentencing court violates the Ex Post Facto Clause by using the U.S. Sentencing Guidelines in effect at the time of sentencing, rather than the Guidelines in effect at the time of the offense, when the newer Guidelines create a significant risk that a defendant will receive a higher sentence.

Judgment: Vacated on January 1, 1970.

SCOTUSblog Coverage

DateProceedings and Orders
Dec 11 2012Application (12A602) to extend the time to file a petition for a writ of certiorari from December 27, 2012 to February 25, 2013, submitted to Justice Kagan.
Dec 13 2012Application (12A602) granted by Justice Kagan extending the time to file until February 25, 2013.
Feb 25 2013Petition for a writ of certiorari filed. (Response due March 29, 2013)
Mar 22 2013Order extending time to file response to petition to and including April 29, 2013.
Apr 23 2013Order further extending time to file response to petition to and including May 15, 2013.
May 15 2013Brief of respondent United States filed.
May 28 2013DISTRIBUTED for Conference of June 13, 2013.
Jun 17 2013Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Peugh v. United States, 569 U.S. ____ (2013).
Jul 9 2013Petition for Rehearing filed.
Jul 9 2013Motion for leave to proceed further herein in forma pauperis filed by petitioner Michael A. Vallone.
Jul 19 2013JUDGMENT ISSUED
Aug 8 2013DISTRIBUTED.
Aug 30 2013Rehearing DENIED.
 
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