No. 20-584

Michael Wood, et ux. v. United States

Lower Court: Third Circuit
Docketed: 2020-11-03
Status: Denied
Type: Paid
Response Waived
Tags: conspiracy-charges conspiracy-to-commit-immigration-offenses constructive-amendment criminal-procedure first-amendment immigration-law prejudicial-variance statute-of-limitations yates-v-united-states
Key Terms:
AdministrativeLaw FirstAmendment Immigration
Latest Conference: 2020-12-04
Question Presented (AI Summary)

Whether Defendants' conviction for conspiracy to commit immigration offenses is legally invalid pursuant to Yates v. United States, 354 U.S. 298 (1957)

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW 1. Whether Defendants’ conviction for conspiracy to commit immigration offenses is legally invalid pursuant to Yates v. United States, 354 U.S. 298 (1957) because at least one of the three “objects” of the conspiracy took place outside the “object’s” statute of limitations period. 2. Whether the offense of “encouragling] or inducling] an alien ... to reside in the United States,” 8 U.S.C. § 1324(a)(1)(A)(Giv), is facially overbroad and violates the First Amendment. 3. Whether the Defendants’ convictions resulted from a constructive amendment to the indictment, or from a prejudicial variance, when the trial court permitted the government to avoid a statute of limitations problem by arguing that conduct that post-dated the offenses that the grand jury charged was offense conduct, and permitted the jury to consider it as such.

Docket Entries

2020-12-07
Petition DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-11-06
Waiver of right of respondent United States to respond filed.
2020-10-29
Petition for a writ of certiorari filed. (Response due December 3, 2020)

Attorneys

Michael Wood, et al.
David G. SigaleLaw Firm of David G. Sigale, P.C., Petitioner
David G. SigaleLaw Firm of David G. Sigale, P.C., Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent