No. 18-237

Gary Thomas and Felix Parrilla v. United States

Lower Court: Second Circuit
Docketed: 2018-08-23
Status: Denied
Type: Paid
Response Waived
Tags: 6th-amendment civil-procedure conspiracy-venue constitutional constitutional-venue cooperating-witness criminal-procedure due-process federal-rules-of-criminal-procedure government-witness manufactured-venue prosecutorial-discretion sixth-amendment venue venue-determination venue-manipulation venue-provisions witness-cooperation
Key Terms:
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2018-10-05
Related Cases: 18-240 (Vide)
Question Presented (AI Summary)

Whether it is permissible under the venue provisions of the U.S. Constitution Article III, § 2, cl. 3; the Sixth Amendment; and Federal Rules of Criminal Procedure Rule 18 for the Government to manufacture venue in the Southern District of New York by bringing a cooperating witness into the district for the sole purpose of making scripted phone calls to fulfill the government's objective of informing fellow conspirators of the cooperator's location

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Whether it is permissible under the venue provisions of the U.S. Constitution Article ITI, § 2, cl. 3; the Sixth Amendment; and Federal Rules of Criminal Procedure Rule 18 for the Government to manufacture venue in the Southern District of New York by bringing a cooperating witness into the district for the sole purpose of making scripted phone calls to fulfill the government’s objective of informing fellow conspirators of the cooperator’s location.

Docket Entries

2018-10-09
Petition DENIED.
2018-09-19
DISTRIBUTED for Conference of 10/5/2018.
2018-09-12
Waiver of right of respondent United States to respond filed.
2018-08-17
Petition for a writ of certiorari filed. (Response due September 24, 2018)

Attorneys

Gary Thomas, et al.
Stephen N. PreziosiLaw Office of Stephen N. Preziosi, PC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent