No. 19-433

Patrick Emanuel Sutherland v. United States

Lower Court: Fourth Circuit
Docketed: 2019-10-02
Status: Denied
Type: Paid
Tags: 18-usc-1512 false-statements grand-jury nexus-requirement obstruction-of-justice obstruction-of-justice-18-usc-1512-c-2 plain-error plain-error-review prosecutorial-misconduct
Key Terms:
DueProcess Privacy
Latest Conference: 2020-02-21
Question Presented (AI Summary)

When does the 'nexus' requirement for obstruction of an official proceeding under 18 U.S.C. § 1512(c)(2) apply when false statements are made to a U.S. Attorney's Office?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. When a defendant makes false statements to a United States Attorney’s Office in an effort to persuade that Office to decline prosecution, does the objective institutional relationship of that Office with the grand jury satisfy the “nexus” required for obstruction or attempted obstruction of a grand jury proceeding under 18 U.S.C. § 1512(c)(2), regardless of whether the defendant subjectively knew, understood, or believed the false documents would be given to the grand jury? 2. When a prosecutor commits misconduct in summation by misstating evidence relevant to an essential element of the offense, but the defendant fails to object, does the fact that the district court provided the jury a standard instruction that “arguments are not evidence” necessarily preclude reversal on appeal for plain error based on _ the _ prosecutor’s misconduct? (i) ii STATEMENT OF

Docket Entries

2020-02-24
Petition DENIED.
2020-01-22
DISTRIBUTED for Conference of 2/21/2020.
2020-01-21
Reply of petitioner Patrick Emanuel Sutherland filed.
2020-01-02
Brief of respondent United States of America in opposition filed.
2019-11-25
Motion to extend the time to file a response is granted and the time is further extended to and including January 2, 2020.
2019-11-22
Motion to extend the time to file a response from December 2, 2019 to January 2, 2020, submitted to The Clerk.
2019-10-23
Motion to extend the time to file a response is granted and the time is extended to and including December 2, 2019.
2019-10-22
Motion to extend the time to file a response from November 1, 2019 to December 2, 2019, submitted to The Clerk.
2019-09-30
Petition for a writ of certiorari filed. (Response due November 1, 2019)
2019-08-07
Application (19A144) granted by The Chief Justice extending the time to file until September 30, 2019.
2019-08-05
Application (19A144) to extend the time to file a petition for a writ of certiorari from August 15, 2019 to September 30, 2019, submitted to The Chief Justice.

Attorneys

Patrick Emanuel Sutherland
Barry J. PollackRobbins, Russell, Englert, Orseck, Untereiner & Sauber LLP, Petitioner
Barry J. PollackRobbins, Russell, Englert, Orseck, Untereiner & Sauber LLP, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent