Record returned to U.S.D.C. for the Eastern District of New York.

Record returned to U.S.C.A. for 2nd Circuit.

JUDGMENT IUSSED.

Adjudged to be AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Souter, Thomas, and Ginsburg, JJ., joined. Stevens, J., filed a dissenting opinion, in which Breyer, J., joined. (orders list)

Argued. For petitioner: Marc Fernich, New York, N.Y. For respondent: Anthony Yang, Assistant to the Solicitor General, Department of Justice, Washington, D.C.

Reply of petitioner Edmund Boyle filed. (Distributed)

Record received from U.S.C.A. for the 2nd Circuit. (1 box)

Brief amicus curiae of National Association of Shareholder and Consumer Attorneys filed. (Distributed)

Brief of respondent United States filed. (Distributed)

Record received from the U.S.D.C. for the Eastern Ditrict of New York.

CIRCULATED.

Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)

Brief amici curiae of Chamber of Commerce of the United States of America, and McKesson Corporation filed. (Distributed)

Brief amicus curiae of Center on the Administration of Criminal Law filed. (Distributed)

Brief of petitioner Edmund Boyle filed.

Joint appendix filed. Statement of costs received.

The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including November 21, 2008.

SET FOR ARGUMENT ON Wednesday, January 14, 2009.

Petition GRANTED. (orders list)

DISTRIBUTED for Conference of September 29, 2008.

Reply of petitioner Edmund Boyle filed.

Brief of respondent United States in opposition filed.

Order extending time to file response to petition to and including July 2, 2008.

Response Requested . (Due June 2, 2008)

DISTRIBUTED for Conference of May 15, 2008.

Waiver of right of respondent United States to respond filed.

Petition for a writ of certiorari filed. (Response due May 19, 2008)

Application (07A653) granted by Justice Ginsburg extending the time to file until April 17, 2008.

Application (07A653) to extend the time to file a petition for a writ of certiorari from February 17, 2008 to April 17, 2008, submitted to Justice Ginsburg.

Edmund Boyle, Petitioner, represented by Marc Fernich

United States, Respondent, represented by Gregory G. Garre

United States, Respondent, represented by Elena Kagan

United States, Respondent, represented by Anthony Alan Yang

Center on the Administration of Criminal Law, Amicus Curiae, represented by Aaron M. Panner

Edmund Boyle v. United States, Amicus Curiae, represented by Brian Robert Matsui

National Association of Criminal Defense Lawyers, Amicus Curiae, represented by William Woodruff Taylor

National Association of Shareholder and Consumer Attorneys, Amicus Curiae, represented by Kevin P. Roddy