No. 18-6605

Joseph Perrone v. United States

Lower Court: Seventh Circuit
Docketed: 2018-11-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: adversarial-proceeding appellate-review burrage-precedent causation causation-standard due-process government-assertions judicial-procedure record standard standard-of-proof united-states-v-burrage
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2018-12-07
Question Presented (AI Summary)

Did the lower courts refuse to follow the decision and holdings of this Court in United States v. Burrage, 571 U.S. 204, 134 S.Ct. 881, 187 L.Ed.2d 715 (2014), and thereby violate fundamental principles of due process, in finding that the record was insufficient under the 'but for' causation standard but then accepting as sufficient the Government's factual assertions on appeal which were not in the record, had not been presented to the District Court, and had never been tested in any adversarial proceeding?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Did the lower courts refuse to follow the decision and holdings of this Court in United States v. Burrage, 571 U.S. 204, 134 S.Ct. 881, 187 L.Ed.2d 715 (2014), and thereby violate fundamental principles of due process, in finding that the record was insufficient under the "but for" causation standard but then accepting a& sufficient the Government's factual assertions on appeal which were not in the record, had not been presented to the District Court, and had never been tested in any adversarial proceeding?

Docket Entries

2018-12-10
Petition DENIED.
2018-11-21
DISTRIBUTED for Conference of 12/7/2018.
2018-11-15
Waiver of right of respondent United States to respond filed.
2018-07-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 7, 2018)

Attorneys

Joseph Perrone
Joseph Perrone — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent