Stephen Mayer v. United States
DueProcess
Whether the finding of fact prior to vacating the forfeiture order becomes 'Law-of-the-Case' upon remand
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? .