No. 18-5542

Stephen Mayer v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-08-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review civil-procedure criminal-procedure due-process forfeiture fraud judicial-procedure law-of-the-case prosecutorial-fraud prosecutorial-misconduct remand vacatur
Key Terms:
DueProcess
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the finding of fact prior to vacating the forfeiture order becomes 'Law-of-the-Case' upon remand

Question Presented (OCR Extract)

QUESTIONS PRESENTED , Whether. when an Appellate court. vacates a forfeiture order on direct appeal ‘having found only partial of the District Court's trial order was valid if the finding of fact prior to vacating the order becomes “"Law-Of-THe-Case" upon remand. Mayer was , permitted to and indeed did’ argue against the entire forfeiture amount at the hearing on remand. Put another way does the act of | vacating an order of forfeiture on direct appeal effectively wipe the slate clean? . . ‘ . Whether if prosecutorial fraud in the material representation of _ false facts is sufficient to overturn the "Law-Of-The-Case" 7 7 Doctrine if indeed such Doctrine survives vacating a forfeiture order on direct appeal? . ; . . And therefore, IIl.. : . Whether it is encumbent upon the Government to clarify an issue : to the Court when the Court mistakenly relies on a prior . fraudulent: misrepresentation of the Government's “to deny a defendant subsequent relief? .

Docket Entries

2018-10-01
Petition DENIED.
2018-08-23
DISTRIBUTED for Conference of 9/24/2018.
2018-08-16
Waiver of right of respondent United States to respond filed.
2018-07-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2018)

Attorneys

Stephen Mayer
Stephen Mayer — Petitioner
Stephen Mayer — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent