No. 20-6738

Lisa Yvette Coffman v. United States

Lower Court: Fifth Circuit
Docketed: 2020-12-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-intent criminal-law embezzlement federal-statute fifth-circuit fraud plain-error-review statutory-interpretation substantial-rights
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Does the first paragraph of 18 U.S.C. § 641 set out separate offenses or different means of committing one offense?

Question Presented (from Petition)

QUESTIONS PRESENTED I. Does the first paragraph of 18 U.S.C. § 641 — which makes it illegal to embezzle, steal, purloin, or knowingly convert to one’s own or another’s use property of the United States — set out separate offenses or different means of committing one offense? IL. Did the Fifth Circuit misapply the substantial-rights prong of plain-error review under Fed. R. Crim. P. 52(b) in contravention of the dictates of United States v. Olano, 507 U.S. 725 (1993), and Kotteakos v. United States, 328 U.S. 750 (1946), by failing to consider the entire record to determine whether the improper admission of the highly prejudicial guiltby-association evidence about a defendant’s intent affected substantial rights where the sole defense to the charge of fraud was a lack of criminal intent? 1

Docket Entries

2021-02-22
Petition DENIED.
2021-01-14
DISTRIBUTED for Conference of 2/19/2021.
2021-01-08
Waiver of right of respondent United States to respond filed.
2020-12-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 1, 2021)

Attorneys

Lisa Coffman
Evan Gray HowzeOffice of the Federal Public Defender, Southern District of Texas, Petitioner
Evan Gray HowzeOffice of the Federal Public Defender, Southern District of Texas, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent