No. 08-1394
Title:
Jeffrey K. Skilling, Petitioner
v.
United States
Docketed:May 13, 2009
Lower Ct:United States Court of Appeals for the Fifth Circuit
  Case Nos.:(06-20885)
  Decision Date:January 6, 2009
  Rehearing Denied:February 10, 2009
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
May 11 2009 Petition for a writ of certiorari filed. (Response due June 12, 2009)
Jun 3 2009 Order extending time to file response to petition to and including July 13, 2009.
Jun 10 2009 Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jul 10 2009 Order further extending time to file response to petition to and including August 12, 2009.
Aug 12 2009 Brief of respondent United States in opposition filed.
Aug 26 2009 DISTRIBUTED for Conference of September 29, 2009.
Aug 26 2009 Reply of petitioner Jeffrey K. Skilling filed. (Distributed)
Sep 4 2009 Letter, dated September 3, 2009, and attachment received from counsel for the petitioner. (Distributed)
Oct 5 2009 DISTRIBUTED for Conference of October 9, 2009.
Oct 13 2009 Petition GRANTED.
Nov 13 2009 The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including December 11, 2009.
Nov 13 2009 The time within which to file respondent's brief on the merits is extended to and including January 25, 2010.
Dec 9 2009 Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Dec 11 2009 Joint appendix filed. (Jt App. in four volumes). (Statement of costs received.)
Dec 11 2009 Brief of petitioner Jeffrey K. Skilling filed.
Dec 11 2009 Motion to file a supplemental volume of the joint appendix under seal filed by petitioner Jeffrey K. Skilling.
Dec 14 2009 SET FOR ARGUMENT ON Monday, March 1, 2010.
Dec 15 2009 Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the petitioner
Dec 16 2009 Brief amici curiae of Pacific Legal Foundation, and Cato Institute in support of neither party filed. (Distributed)
Dec 17 2009 CIRCULATED.
Dec 17 2009 Brief amicus curiae of Thomas Rybicki filed. (Distributed)
Dec 18 2009 Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Dec 18 2009 Brief amici curiae of Texas Criminal Defense Lawyers Association, et al. filed. (Distributed)
Jan 13 2010 DISTRIBUTED for Conference of February 19, 2010.
Jan 14 2010 Record received from U.S.C.A. for 5th Circuit. (1 box)
Jan 14 2010 Record from U.S.D.C. for Southern District of Texas is electronic.
Jan 22 2010 The time within which to file respondent's brief on the merits is further extended to and including January 26, 2010.
Jan 26 2010 Brief of respondent United States filed. (Distributed)
Feb 2 2010 Brief amici curiae of ABC, Inc., et al. filed. (Distributed)
Feb 22 2010 Motion to file a supplemental volume of the joint appendix under seal GRANTED.
Feb 22 2010 Reply of petitioner Jeffrey K. Skilling filed. (Distributed)
Mar 1 2010 Argued. For petitioner: Sri Srinivasan, Washington, D. C. For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C.
Mar 2 2010 Letter from counsel for the petitioner received. (Distributed).
Mar 5 2010 Additional record received from U.S.D.C. for Southern District of Texas. (Houston). This portion of the record is sealed.
Mar 8 2010 Additional record received from U.S.D.C. for Southern District of Texas (Houston). This portion of the record is sealed.
Jun 24 2010 Adjudged to be AFFIRMED IN PART, VACATED IN PART, and case REMANDED. Ginsburg, J., delivered the opinion of the Court, Part I of which was joined by Roberts, C. J., and Stevens, Scalia, Kennedy, Thomas, and Alito, JJ., Part II of which was joind by Roberts, C. J., and Scalia, Kennedy, and Thomas, JJ., and Part III of which was joined by Roberts, C. J., and Stevens, Breyer, Alito, and Sotomayor, JJ. Scalia, J., filed an opinion concurring in part and concurring in the judgment, in which Thomas, J., joined, and Kennedy, J., joined except as to Part III. Alito, J., filed an opinion concurring in part and concurring in the judgment. Sotomayor, J., filed an opinion concurring in part and dissenting in part, in which Stevens and Breyer, JJ., joined.
Jul 26 2010 Judgment Issued
Aug 2 2010 Record returned to U.S.C.A. for 5th Circuit.
Aug 2 2010 Record returned to U.S.D.C. for the Southern District of Texas.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Daniel M. Petrocelli O'Melveny & Myers LLP(310) 246-6850
    Counsel of Record1999 Avenue of the Stars, 7th Fl.
Los Angeles, CA  90067
dpetrocelli@omm.com
Party name: Jeffrey K. Skilling
 
Jonathan D. Hacker O'Melveny & Myers LLP(202) 383-5300
1625 Eye Street, N.W.
Washington, DC  20006
jhacker@omm.com
Party name: Jeffrey K. Skilling
 
Sri Srinivasan O'Melveny & Myers LLP(202) 383-5300
1625 Eye Street, N.W.
Washington, DC  20006
ssrinivasan@omm.com
Party name: Jeffrey K. Skilling
Attorneys for Respondent:
Elena Kagan Solicitor General(202) 514-2217
    Counsel of Record United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC  20530-0001
SupremeCtBriefs@USDOJ.gov
Party name: United States
Other:
John D. Cline Jones Day(415) 875-5812
555 California Street
26th Floor
San Francisco, CA  94104
jcline@jonesday.com
Party name: National Association of Criminal Defense Lawyers
 
Jeffrey T. Green Sidley Austin LLP(202) 736-8000
1501 K Street, N.W.
Washington, DC  20005
jgreen@sidley.com
Party name: Texas Criminal Defense Lawyers, et al.
 
Edward L. Larsen 649 Fifth Avenue South(239) 643-0100
Suite 212
Naples, FL  34102
Party name: Thomas Rybicki
 
Timothy M. Sandefur Pacific Legal Foundation(916) 419-7111
950 G Street
Sacramento, CA  95814
tsandefur@pacificlegal.org
Party name: Pacific Legal Foundation
 
David A. Schulz Levine Sullivan Koch & Schulz, LLP(212) 850-6100
321 W. 44th Street, Suite 510
New York, NY  10036
Party name: ABC, Inc., et al.
 
Michael Li-Ming Wong 3 Embarcadero Center415-315-63000
San Francisco, CA  94111
Michael.Wong@Ropesgray.com
Party name: Chamber of Commerce of the United States of America