No. 20-221

Franqui Francisco Flores de Freitas v. United States

Lower Court: Second Circuit
Docketed: 2020-08-25
Status: Denied
Type: Paid
Response Waived
Tags: aircraft-transportation conscious-avoidance controlled-substances criminal-defendant criminal-intent deliberate-steps evidence jury-instruction knowledge sentencing-guidelines
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Can a jury be instructed on conscious-avoidance,criminal-defendant,knowledge,evidence,deliberate-steps

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Cana jury be instructed that it may convict based on a criminal defendant’s conscious avoidance of knowledge of a necessary fact, without needing to find the defendant’s actual knowledge of that fact, where the evidence shows that the defendant was aware of a high probability that the fact existed, but does not show that the defendant took deliberate steps to avoid confirming the existence of that fact? 2. Does the Sentencing Guidelines’ enhancement for using a private aircraft “to import” a controlled substance, U.S.S.G. § 2D1.1(b)(8)(A), apply when a private aircraft is merely used (or planned to be used) to bring the controlled substance from one place outside of the United States to another place outside of the United States, but not used (or planned to be used) to bring the controlled substance across the border into the United States? (i)

Docket Entries

2020-10-05
Petition DENIED.
2020-09-02
DISTRIBUTED for Conference of 9/29/2020.
2020-08-27
Waiver of right of respondent United States to respond filed.
2020-08-17
Petition for a writ of certiorari filed. (Response due September 24, 2020)

Attorneys

Franqui Francisco Flores de Freitas
Michael Alexander LevySidley Austin LLP, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent