No. 22-7540

Harry Cole v. United States

Lower Court: Fifth Circuit
Docketed: 2023-05-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review burden-of-proof criminal-procedure district-court due-process essential-element jurisdiction jurisdictional-concept sua-sponte venue
Key Terms:
Securities Immigration
Latest Conference: 2023-06-08
Question Presented (AI Summary)

Whether venue is only a jurisdictional concept rather than essential element of an offense that must be proved beyond a reasonable doubt

Question Presented (from Petition)

QUESTION(S) PRESENTED 1. Whether venue is only a jurisdictional concept rather than essential element of an offense that must be proved beyond a reasonable doubt; 2. Whether an appellate Court can Sua Sponte exercise its judicial authority power to review an improper venue issue (venue. issue) not preserved by an objection at the District Court and that was not raised in an appellant brief. 2 .

Docket Entries

2023-06-12
Petition DENIED.
2023-05-24
DISTRIBUTED for Conference of 6/8/2023.
2023-05-17
Waiver of right of respondent United States to respond filed.
2023-05-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 12, 2023)

Attorneys

Harry Cole
Harry Cole — Petitioner
Harry Cole — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent