No. 18-6279

Samuel Kwushue v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-10-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure criminal-procedure-11 elements-of-crime federal-regulation federal-regulations federal-rule-11 guilty-plea jurisdiction rule-11 statute-of-conviction statutory-elements wire-fraud
Key Terms:
SocialSecurity Immigration
Latest Conference: 2018-11-02
Question Presented (AI Summary)

Could a guilty plea, accepted in violation of Federal Rule of Criminal Procedure 11, support a conviction, when the conduct to which a defendant admits (governed by a separate code of Federal Regulation) did not violate the essential elements of the statute of conviction?

Question Presented (from Petition)

QUESTION(S) PRESENTED (1) Could a guilty plea, accepted in violation of Federal Rule of Criminal Procedure 11, support a conviction, when the ; conduct to which a defendant admits (governed by a separate code of Federal Regulation) did not violate the essential elements of the statute of conviction? (2) Whether the district court lacked jurisdiction over the offense of wire fraud under 18 USCS 1343, where the wire transmission did not cross a state line?

Docket Entries

2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-17
Waiver of right of respondent United States to respond filed.
2018-10-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2018)

Attorneys

Samuel Kwushue
Samuel Kwushue — Petitioner
Samuel Kwushue — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent