No. 21-5039

Gavin Wayne Wright v. United States

Lower Court: Tenth Circuit
Docketed: 2021-07-08
Status: Denied
Type: IFP
IFP
Tags: co-conspirator-statements co-defendant criminal-conspiracy due-process entrapment false-statements federal-rules-of-evidence government-agent jury-instruction materiality testimony
Key Terms:
DueProcess
Latest Conference: 2021-10-29
Question Presented (AI Summary)

Was the quantum and character of this evidence in the record sufficient to entitle him to a jury instruction on entrapment?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Petitioner pointed to the Government agent’s testimony about his “recruitment” role and activities for co-defendant Patrick Stein, and admitted testimony from two witnesses about his positive relationships with members of a criminal conspiracy’s target class. Was the quantum and character of this evidence in the record sufficient to entitle him to a jury instruction on entrapment? II. The District Court used a process for determining admissibility of co-conspirator statements against Petitioner in which it: accepted the Government’s proffer, alone, and over Petitioner’s objection, as the manner-of-proof for preliminary Rule questions; and utilized a variation on the narrative approach expressly rejected by this Court in Williamson v. United States. Did the District Court’s process violate Fed. R. Evid. 801(d)(2)(E)? III. The District Court specifically found that there was no evidence supporting the materiality element of Petitioner's 18 U.S.C. § 1001(a)(2) but permitted the question to go to the jury anyway. Does due process require the record to reflect evidence of materiality in order to sustain an 18 U.S.C. § 1001(a)(2) conviction when false statements are given to FBI investigators? / -l

Docket Entries

2021-11-01
Petition DENIED.
2021-10-14
DISTRIBUTED for Conference of 10/29/2021.
2021-09-29
Memorandum of respondent United States filed.
2021-08-31
Motion to extend the time to file a response is granted and the time is further extended to and including September 29, 2021.
2021-08-30
Motion to extend the time to file a response from September 8, 2021 to September 29, 2021, submitted to The Clerk.
2021-07-20
Motion to extend the time to file a response is granted and the time is extended to and including September 8, 2021.
2021-07-19
Motion to extend the time to file a response from August 9, 2021 to September 8, 2021, submitted to The Clerk.
2021-06-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 9, 2021)

Attorneys

Gavin Wright
Kari SchmidtConlee Schmidt & Emerson LLP, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent