No. 20-5120

Giovanni Cotto, aka Monte v. United States

Lower Court: Second Circuit
Docketed: 2020-07-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof circuit-split criminal-procedure criminal-prosecution federal-statute mens-rea official-proceeding statutory-interpretation witness-retaliation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether the government must prove the defendant knew the witness testified at an 'official proceeding' under 18 U.S.C. § 1513(b)(1)

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether, in a prosecution under 18 U.S.C. § 1513(b)(1), the Government must prove beyond a reasonable doubt that the defendant knew the witness against whom he allegedly retaliated gave his testimony at an “official proceeding” “before a judge or court of the United States,” as provided in 18 U.S.C. § 1515(a)(1)(A)? i

Docket Entries

2020-10-05
Petition DENIED.
2020-08-06
DISTRIBUTED for Conference of 9/29/2020.
2020-07-29
Waiver of right of respondent United States to respond filed.
2020-07-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2020)

Attorneys

Giovanni Cotto
Martin John VogelbaumFederal Public Defender's Office - WDNY, Petitioner
Martin John VogelbaumFederal Public Defender's Office - WDNY, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent