No. 21-5523

Amos Kiprop Koech v. United States

Lower Court: Eighth Circuit
Docketed: 2021-08-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof cell-phone-evidence criminal-law criminal-statute federal-statutes interstate-commerce jurisdictional-element jury-instruction reasonable-doubt
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Does the jurisdictional element 'in or affecting interstate commerce' in federal criminal statutes require an actual effect on interstate commerce and thus entitle a defendant to a jury instruction that the government must prove beyond a reasonable doubt an 'actual effect' on interstate commerce?

Question Presented (OCR Extract)

QUESTIONS PRESENTED IL Does the jurisdictional element “in or affecting interstate commerce” in federal criminal statutes require an actual effect on interstate commerce and thus entitle a defendant to a jury instruction that the government must prove beyond a reasonable doubt an “actual effect” on interstate commerce? Il. Is the interstate commerce jurisdictional element requiring that the crime be “in or affecting interstate commerce” satisfied by mere use of a cell phone in a case that otherwise involves a local sex crime? i

Docket Entries

2021-10-12
Petition DENIED.
2021-09-23
DISTRIBUTED for Conference of 10/8/2021.
2021-09-14
Waiver of right of respondent United States of America to respond filed.
2021-08-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 29, 2021)

Attorneys

Amos Koech
Douglas Halvor Roy OlsonFederal Defender's Office, Petitioner
Douglas Halvor Roy OlsonFederal Defender's Office, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent