Jovanny Rodriguez v. United States
FifthAmendment DueProcess Privacy
Petitioner was convicted and sentenced without having an opportunity to establish an alibi due to a variance between the indictment and evidence at trial
QUESTIONS PRESENTED 1) Petitioner was convicted and sentenced without having an opportunity to establish an alibi due to a variance between the indictment and evidence at trial. Should the Court grant Certiorari or allow violations of citizens’ due process rights? 2) The district court failed to follow Supreme Court authority and the result of the failure is that Petitioner was convicted and sentenced without a proper jury finding. Should the Court grant Certiorari or permit violations of Supreme Court authority, failing to maintain precedential uniformity? 3) The district court allowed Petitioner to be convicted based on an indictment that failed to provide sufficient details of two charges. Should the Court grant Certiorari or permit violations of the Fifth and Sixth Amendments, permitting violations of citizens’ due process rights? 4) The district court’s jury instruction conflicts with Supreme Court authority under United States v. Lopez, 514 U.S. 549, 559 (1995), which requires that an activity must “substantially affect” interstate commerce to establish a conviction and this conflict resulted in Petitioner being convicted under an erroneous jury instruction that was based on misapplied legal precedent. Should the Court grant Certiorari or permit flagrant departures from Supreme Court authority? 1