No. 22-7386
Louis McIntosh, aka Lou D v. United States
Amici (2)IFP
Tags: appellate-courts commerce-clause criminal-forfeiture federal-jurisdiction federal-rules-of-criminal-procedure federalism interstate-commerce jurisdiction rule-32.2 sentencing-procedure statutory-interpretation
Key Terms:
Privacy
Privacy
Latest Conference:
2023-09-26
Question Presented (from Petition)
1. Whether a district court may enter a criminal forfeiture order outside the time limitations set forth in Rule 32.2, Fed.R.Crim.P.?
2. Is the theft of cash from an individual sufficient to satisfy the "interstate commerce" element of 18 U.S.C. §1951 a necessary predicate for federal jurisdiction of what is otherwise local criminal conduct that should be prosecuted by the individual states?
Question Presented (AI Summary)
Whether a district court may enter a criminal forfeiture order outside the time limitations set forth in Rule 32.2, Fed.R.Crim.P.
Docket Entries
2024-08-22
Record returned to the United States District Court for the Southern District of New York.
2024-05-20
Judgment Issued.
2024-04-17
Adjudged to be AFFIRMED. Sotomayor, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/23pdf/22-7386_10n2.pdf'>opinion</a> for a unanimous Court.
2024-02-27
Argued. For petitioner: Steven Y. Yurowitz, New York, N. Y. For respondent: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
2024-02-09
Reply of petitioner Louis McIntosh filed. (Distributed)
2024-01-24
Record received from the United States District Court for the Southern District of New York (one envelope).
2024-01-11
Record received from the United States Court of Appeals for the Second Circuit. The record is electronic and is available with the Clerk.
2024-01-11
CIRCULATED.
2024-01-10
Brief of respondent United States filed.
2024-01-10
Record requested from the United States Court of Appeals for the Second Circuit.
2024-01-05
SET FOR ARGUMENT on Tuesday, February 27, 2024.
2023-12-04
Brief amicus curiae of New York Council of Defense Lawyers filed.
2023-12-04
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2023-11-27
Joint appendix filed. (Statement of costs filed)
2023-11-27
Brief of petitioner Louis McIntosh filed.
2023-10-17
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including November 27, 2023. The time to file respondent's brief on the merits is extended to and including January 10, 2024.
2023-10-11
Motion for an extension of time to file the briefs on the merits filed.
2023-09-29
Motion of petitioner to proceed in forma pauperis granted. The petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition.
2023-08-17
DISTRIBUTED for Conference of 9/26/2023.
2023-07-31
Brief of respondent United States in opposition filed.
2023-06-09
Motion to extend the time to file a response is granted and the time is further extended to and including July 31, 2023.
2023-06-07
Motion to extend the time to file a response from June 29, 2023 to July 31, 2023, submitted to The Clerk.
2023-05-23
Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2023.
2023-05-22
Motion to extend the time to file a response from May 30, 2023 to June 29, 2023, submitted to The Clerk.
2023-04-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 30, 2023)
Attorneys
Louis McIntosh
Steven Y. Yurowitz — Newman & Greenberg, Petitioner
National Association of Criminal Defense Lawyers
New York Council of Defense Lawyers
Noam Korati Biale — Sher Tremonte LLP, Amicus
United States
Elizabeth B. Prelogar — Solicitor General, Respondent