No. 19-5114

Jovanny Rodriguez v. United States

Lower Court: Second Circuit
Docketed: 2019-07-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: alibi due-process evidence fifth-amendment indictment indictment-variance interstate-commerce jury-finding jury-instructions sixth-amendment supreme-court-precedent trial variance
Key Terms:
FifthAmendment DueProcess Privacy
Latest Conference: 2019-11-01
Related Cases: 19-5172 (Vide) 19-5308 (Vide)
Question Presented (AI Summary)

Petitioner was convicted and sentenced without having an opportunity to establish an alibi due to a variance between the indictment and evidence at trial

Question Presented (OCR Extract)

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

Docket Entries

2019-11-04
Petition DENIED.
2019-10-10
DISTRIBUTED for Conference of 11/1/2019.
2019-07-19
Supplemental brief of petitioner Jovanny Rodriguez filed.
2019-07-18
Waiver of right of respondent United States of America to respond filed.
2019-07-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 8, 2019)

Attorneys

Jovanny Rodriguez
Robin SmithLaw Office of Robin C Smith ESQ, P.C., Petitioner
Robin SmithLaw Office of Robin C Smith ESQ, P.C., Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent