No. 20-6367

Kissinger St. Fleur v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-11-18
Status: Denied
Type: IFP
IFP
Tags: appellate-review buyer-seller-transaction cocaine-distribution conspiracy criminal-conspiracy criminal-procedure drug-crimes due-process fair-trial judicial-discretion jury-instruction jury-instructions
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-03-19
Question Presented (AI Summary)

Did the district court and the Eleventh Circuit deny Mr. St. Fleur a fair trial when it failed to give buyer-seller instructions to the jury?

Question Presented (OCR Extract)

QUESTION PRESENTED The government charged Kissinger St. Fleur with conspiracy to distribute and possess with intent to distribute cocaine and crack cocaine. Supported by evidence presented at trial, Mr. St. Fleur asked the district court to instruct the jury on buy-sell transactions. He submitted a proposed instruction to the court which set forth an accurate statement of the law. The district court declined to give the instruction and Mr. St. Fleur objected. Mr. St. Fleur was ultimately convicted of conspiracy to distribute and possession with intent to distribute cocaine and crack cocaine. On appeal, the Eleventh Circuit agreed with Mr. St. Fleur that the buy-sell instruction should have been given, finding that it was legally correct and the evidence could have been interpreted as only a buyer-seller relationship. App. 1920. Nonetheless, the Eleventh Circuit said it was bound by precedent and therefore could not “hold that the district court abused its discretion in refusing to give the buyer-seller instruction.” Did the district court and the Eleventh Circuit deny Mr. St. Fleur a fair trial when it failed to give buyer-seller instructions to the jury?

Docket Entries

2021-03-22
Petition DENIED.
2021-03-04
DISTRIBUTED for Conference of 3/19/2021.
2021-02-18
Brief of respondent United States in opposition filed.
2021-01-13
Motion to extend the time to file a response is granted and the time is further extended to and including February 19, 2021.
2021-01-11
Motion to extend the time to file a response from January 19, 2021 to February 19, 2021, submitted to The Clerk.
2020-12-09
Motion to extend the time to file a response is granted and the time is extended to and including January 19, 2021.
2020-12-08
Motion to extend the time to file a response from December 18, 2020 to January 19, 2021, submitted to The Clerk.
2020-11-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 18, 2020)

Attorneys

Kissinger St. Fleur
Charles Michael GreeneLaw Office of Charles M. Greene, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent