No. 19-288

Javier Sanchez, Gregory Casorso, and Michael Marr v. United States

Lower Court: Ninth Circuit
Docketed: 2019-09-04
Status: Denied
Type: Paid
Amici (2)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: antitrust antitrust-law criminal-law criminal-procedure due-process fifth-amendment jury-instructions per-se-rule presumption sherman-act sixth-amendment
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (from Petition)

The question presented is whether the operation of the per se rule in criminal antitrust cases violates the constitutional prohibition —grounded in the Fifth and Sixth Amendments —against instructing juries that certain facts presumptively establish an element of a crime.

Question Presented (AI Summary)

Whether the operation of the per se rule in criminal antitrust cases violates the constitutional prohibition against instructing juries that certain facts presumptively establish an element of a crime

Docket Entries

2020-01-13
Petition DENIED.
2019-12-11
DISTRIBUTED for Conference of 1/10/2020.
2019-12-05
Reply of petitioners Javier Sanchez, et al. filed.
2019-11-25
Brief of respondent United States of America in opposition filed.
2019-10-24
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2019-10-24
Brief amicus curiae of Due Process Institute filed.
2019-10-17
Motion to extend the time to file a response is granted and the time is extended to and including November 25, 2019.
2019-10-16
Motion to extend the time to file a response from October 24, 2019 to November 25, 2019, submitted to The Clerk.
2019-09-24
Response Requested. (Due October 24, 2019)
2019-09-18
DISTRIBUTED for Conference of 10/11/2019.
2019-09-17
Blanket Consent filed by Petitioners, Javier Sanchez, et al.
2019-09-12
Waiver of right of respondent United States of America to respond filed.
2019-08-30
Petition for a writ of certiorari filed. (Response due October 4, 2019)
2019-07-17
Application (18A1342) granted by Justice Kagan extending the time to file until August 30, 2019.
2019-07-15
Application (18A1342) to extend further the time from August 1, 2019 to August 30, 2019, submitted to Justice Kagan.
2019-06-19
Application (18A1342) granted by Justice Kagan extending the time to file until August 1, 2019.
2019-06-17
Application (18A1342) to extend the time to file a petition for a writ of certiorari from July 2, 2019 to August 1, 2019, submitted to Justice Kagan.

Attorneys

Due Process Institute
Erin E. MurphyKirkland & Ellis LLP, Amicus
Javier Sanchez, et al.
Jeffrey L. FisherO'Melveny & Myers LLP, Petitioner
National Association of Criminal Defense Lawyers
Daniel Erin JacksonKeker, Van Nest & Peters LLP, Amicus
United States of America
Noel J. FranciscoSolicitor General, Respondent