No. 18-1336

Walter P. Reed v. United States

Lower Court: Fifth Circuit
Docketed: 2019-04-24
Status: Denied
Type: Paid
Response Waived
Tags: campaign-finance criminal-forfeiture criminal-forfeiture,statute-of-limitations,mail-fr criminal-prosecution custom-and-practice custom-and-practice,federal-mail-fraud,state-law,s due-process federal-law mail-fraud notice state-law statute-of-limitations statutory-interpretation wire-fraud
Key Terms:
DueProcess Punishment Securities JusticiabilityDoctri
Latest Conference: 2019-05-23
Related Cases: 18-9001 (Vide)
Question Presented (AI Summary)

Whether the petitioner was denied due process by lack of notice of the federal prosecutors' interpretation of a state campaign finance statute and an objective legal standard to judge his conduct

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether Petitioner was denied due process by the “lack of notice” of (1) the federal prosecutors’ hindsight interpretation of the phrase “unrelated to the campaign or the holding of public office” contained in the State Campaign Finance statute and (2) an objective and consistent legal standard to adjudge his conduct. 2. Whether when federal mail or wire fraud charges concern conduct in an area heavily regulated by state law, evidence concerning the custom and practice under applicable state law may be excluded on the ground that the charges are federal. 3. Whether a twenty-year (1994-2014) criminal forfeiture under Title 28 U.S.C. §2461(c) and §981: (a) should be limited to the time period after the 2005 amendments to 28 U.S.C. §2461(c) (USA Patriot Act) because there was no statutory basis for a criminal forfeiture for the mail and wire fraud charged in the Indictment or alternatively (b) the forfeiture should be limited by the five-year statute of limitations applicable to the underlying wire and mail fraud counts. ii PARTIES AND

Docket Entries

2019-05-28
Petition DENIED.
2019-05-07
DISTRIBUTED for Conference of 5/23/2019.
2019-04-30
Waiver of right of respondent United States of America to respond filed.
2019-04-22
Petition for a writ of certiorari filed. (Response due May 24, 2019)

Attorneys

United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Walter Reed
Richard T. Simmons Jr.Hailey, McNamara, Hall, Larmann & Papale, Petitioner
Richard T. Simmons Jr.Hailey, McNamara, Hall, Larmann & Papale, Petitioner