No. 22-508

John O. Green v. United States

Lower Court: Fifth Circuit
Docketed: 2022-11-30
Status: Denied
Type: Paid
Response Waived
Tags: 18-usc-371 conspiracy conspiracy-to-defraud criminal-law criminal-prosecution defraud-the-united-states federal-agency internal-revenue-service jury-instructions statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-01-20
Question Presented (AI Summary)

Whether a trial court in a conspiracy to defraud prosecution premised on 18 U.S.C. § 371 must instruct the trial jury about the functions of the agency alleged to have been impeded

Question Presented (OCR Extract)

QUESTION PRESENTED In a series of decisions from this Court, the reach and scope of conspiracies to defraud the United States in violation of 18 U.S.C. § 371 were defined as including acts that abridged the functions of a federal agency. Petitioner Green’s case involves his prosecution for a conspiracy to defraud in violation of § 371, and jury instructions that sought to define the functions of the Internal Revenue Service, the federal agency in question in this case, were submitted to the trial court by the defense, but were not given. The absence of these instructions in the jury charge in Green’s case was the subject of Green’s appeal to the Fifth Circuit, but his conviction was affirmed by that court. The Question Presented is whether a trial court in a conspiracy to defraud prosecution premised on 18 U.S.C. § 371 must instruct the trial jury about the functions of the agency alleged to have been impeded. _iiPARTIES The United States of America was the plaintiff in the court below in this criminal case. Defendants in the district court in this criminal case were Petitioner John O. Green and his co-defendant, Thomas D. Selgas. CORPORATE DISCLOSURE No corporation was party to these proceedings.

Docket Entries

2023-01-23
Petition DENIED.
2023-01-04
DISTRIBUTED for Conference of 1/20/2023.
2022-12-30
Waiver of right of respondent United States to respond filed.
2022-11-22
Petition for a writ of certiorari filed. (Response due December 30, 2022)

Attorneys

John Green
Lowell H. Becraft Jr. — Petitioner
Lowell H. Becraft Jr. — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent