No. 18-6117

Josette Buendia v. United States

Lower Court: Sixth Circuit
Docketed: 2018-09-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: arthur-anderson bribery-statute circuit-split corrupt-intent criminal-intent federal-bribery-statute judicial-precedent school-vendor sixth-circuit statutory-interpretation united-states-v-rooney
Key Terms:
JusticiabilityDoctri
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Whether the Sixth Circuit departed from this Court's decision in Arthur Anderson and conflicted with the Second Circuit's decision in Rooney when it held that the defendant's spending the funds she received from a school vendor exclusively to benefit her students and the school was irrelevant to the question of whether she acted corruptly

Question Presented (OCR Extract)

QUESTIONS PRESENTED In Arthur Anderson LLP vy. United States, this Court held that only people with immoral, depraved, wrongful, or evil motive, only people conscious of their wrongdoing, can be said to act corruptly. 544 U.S. 696 (2005). In United States v. Rooney, the Second Circuit held that in the context of the federal bribery statute, it is relevant to the question of whether one acts corruptly to consider evidence of the purpose of their actions. 37 F.3d 847 (2d Cir. 1994). Did the Sixth Circuit depart form this Court’s decision in Arthur Anderson, and conflict with the decision of the Second Circuit in Rooney, when it held that Buendia’s spending the funds she received from a school vendor exclusively to benefit her students and the school was irrelevant to the question of whether she acted corruptly?

Docket Entries

2018-10-29
Petition DENIED.
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-10-03
Waiver of right of respondent United States to respond filed.
2018-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 26, 2018)

Attorneys

Josette Buendia
Josette Buendia — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent