No. 22-827
Carlos Herrera, Daniel Sanchez, and Anthony Ray Baca v. United States
Tags: commerce-clause constitutional-challenge criminal-procedure federal-rules-of-criminal-procedure jurisdiction jurisdictional-challenge post-trial-motion rule-12 waiver
Latest Conference:
2023-06-15
Question Presented (from Petition)
Whether, under Federal Rule of Criminal Procedure 12, Petitioners were permitted to bring a facial constitutional challenge to their statute of conviction under the Commerce Clause by filing a post-trial motion rather than a pretrial motion.
Question Presented (AI Summary)
Whether a facial constitutional challenge to a criminal statute under the Commerce Clause can be brought by post-trial motion under Federal Rule of Criminal Procedure 12
Docket Entries
2023-06-20
Petition DENIED.
2023-05-30
DISTRIBUTED for Conference of 6/15/2023.
2023-05-25
Reply of petitioners Carlos Herrera, et al. filed.
2023-05-15
Brief of respondent United States in opposition filed.
2023-04-24
Motion to extend the time to file a response is granted and the time is further extended to and including May 15, 2023.
2023-04-21
Motion to extend the time to file a response from May 1, 2023 to May 15, 2023, submitted to The Clerk.
2023-03-22
Motion to extend the time to file a response is granted and the time is extended to and including May 1, 2023.
2023-03-21
Motion to extend the time to file a response from March 31, 2023 to May 1, 2023, submitted to The Clerk.
2023-02-24
Petition for a writ of certiorari filed. (Response due March 31, 2023)
2023-01-20
Application (22A645) granted by Justice Gorsuch extending the time to file until February 24, 2023.
2023-01-13
Application (22A645) to extend the time to file a petition for a writ of certiorari from January 25, 2023 to February 24, 2023, submitted to Justice Gorsuch.
Attorneys
Carlos Herrera, et al.
E. Joshua Rosenkranz — Orrick, Herrington & Sutcliffe LLP, Petitioner
United States of America
Elizabeth B. Prelogar — Solicitor General, Respondent