No. 22-6601

Rick Benavides v. United States

Lower Court: Fifth Circuit
Docketed: 2023-01-23
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-defense criminal-procedure due-process entrapment evidence-admissibility government-inducement law-enforcement-conduct predisposition social-media
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Whether predisposition to defeat an entrapment defense may be proved by the government using statements found on Petitioner's phone that were created well after the government's campaign was in force

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Petitioner was subjected to a pervasive inducement campaign by government agents using social media and texts to his personal phone. The question presented is whether predisposition to defeat an entrapment defense may be proved by the government using statements found on Petitioner's phone that were created well after the government’s campaign was in force.

Docket Entries

2023-02-21
Petition DENIED.
2023-02-02
DISTRIBUTED for Conference of 2/17/2023.
2023-01-27
Waiver of right of respondent United States of America to respond filed.
2023-01-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 22, 2023)

Attorneys

Rick Benavides
Philip J. LynchLaw Offices of Phil Lynch, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent