Defendant was arrested after DC Metropolitan Police Officers patted him down and found a gun in his waistband. A grand jury initially returned a "no true bill" , but a subsequent grand jury returned a true bill indicting the defendant for being a felon in possession of a firearm.

The then acting U.S. Attorney for the Northern District of New York, John Sarcone III, caused two subpoenas to be issued to the NY Office of Attorney General, which the Court quashed on the basis that Mr. Sarcone was not duly acting as U.S. Attorney when the subpoenas were issued. The Government appealed and the appeal was argued May 4, 2026.

Brief for Amici Curiae Washington Legal Foundation, Due Process Institute, National Association of Criminal Defense Lawyers, and National Association for Public Defense in Support of Petitioner

Brief of Amici Curiae the Colorado Criminal Defense Bar and the National Association of Criminal Defense Lawyers in Support of Petitioner

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Defendant-Appellant

Amicus Curiae Brief of the American Civil Liberties Union, American Civil Liberties Union of Ohio, National Association of Criminal Defense Lawyers, and Innocence Project in Support of Defendant–Appellee

Hopper is one of 9 cases in D. Wyo. where the defense moved to dismiss based on alleged grand jury abuse in introductory remarks made to the grand jury by the acting U.S. Attorney. The cases are supported by an investigator's summary of an interview with one of the grand jurors.

On May 15, 2026, the Court dismissed without prejudice the indictments in all 9 cases in separate orders jointly signed by all 3 District Judges. On May 19 the Court denied Defendant's motion to reconsider and dismiss the action with prejudice, or, in the alternative, force recusal of the Wyo. U.S. Attorney's Office.

The Southern Poverty Law Center, a non profit dedicated to dismantling white supremacy, was indicted for allegedly defrauding its donors by not disclosing that it paid members of white supremacy organizations who acted as informants and for using "secret" bank accounts to fund the payments to informants.

Brief for Amici Curiae National Association of Criminal Defense Lawyers and New York State Association of Criminal Defense Lawyers in Support of Appellee and Affirmance

Allen is one of nine cases pending in the District of Wyoming that present the same issue, which relates to alleged misconduct by a prosecutor in introductory remarks when the grand jurors were empaneled. A detailed discussion of the issues presented and their status can be found in the case of U.S. v. Hopper (D. WY). Links to largely identical filings from the cases similarly appear under U.S. v. Hopper.

On May 15, 2026, the three judges handling the cases dismissed all nine cases without prejudice in jointly signed orders filed in each case.

Agee is one of nine cases pending in the District of Wyoming that present the same issue, which relates to alleged misconduct by a prosecutor in introductory remarks when the grand jurors were empaneled. A detailed discussion of the issues presented and their status can be found in the case of U.S. v. Hopper (D. WY). Links to largely identical filings from the cases similarly appear under U.S. v. Hopper.

On May 15, 2026, the three judges handling the cases dismissed all nine cases without prejudice in jointly signed orders filed in each case.

Orcon is one of nine cases pending in the District of Wyoming that present the same issue, which relates to alleged misconduct by a prosecutor in introductory remarks when the grand jurors were empaneled. A detailed discussion of the issues presented and their status can be found in the case of U.S. v. Hopper (D. WY). Links to documents filed in the cases similarly are collected for U.S. v. Hopper.

On May 15, 2026, the three judges handling the cases dismissed all nine cases without prejudice in jointly signed orders filed in each case.

Duran is one of nine cases pending in the District of Wyoming that present the same issue, which relates to alleged misconduct by a prosecutor in introductory remarks when the grand jurors were empaneled. A detailed discussion of the issues presented and their status can be found in the case of U.S. v. Hopper (D. WY). Links to largely identical filings from the cases similarly appear under U.S. v. Hopper.

On May 15, 2026, the three judges handling the cases dismissed all nine cases without prejudice in jointly signed orders filed in each case.

Antelope is one of nine cases pending in the District of Wyoming that present the same issue, which relates to alleged misconduct by a prosecutor in introductory remarks when the grand jurors were empaneled. A detailed discussion of the issues presented and their status can be found in the case of U.S. v. Hopper (D. WY). Links to largely identical documents filed in the cases similarly are collected under U.S. v. Hopper.

On May 15, 2026, the three judges handling the cases dismissed all nine cases in jointly signed orders filed in each case.

Johnson is one of nine cases pending in the District of Wyoming that present the same issue, which relates to alleged misconduct by a prosecutor in introductory remarks when the grand jurors were empaneled. A detailed discussion of the issues presented and their status can be found in the case of U.S. v. Hopper (D. WY). Links to largely identical filings from the cases similarly appear under U.S. v. Hopper.

On May 15, 2026, the three judges handling the cases dismissed all nine cases without prejudice in jointly signed orders filed in each case.