No. 23-6103

Alvin Celius Andre v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-11-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof constructive-amendment criminal-law criminal-procedure due-process entrapment entrapment-defense prosecutorial-misconduct statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Does a constructive amendment occur when the government substitutes Congress's intended object of the actus reus of 18 U.S.C. § 2422(b), 'any individual who has not attained the age of eighteen years' with its opposite, an adult?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED : I. Does a constructive amendment occur when the government substitutes Congress's intended object of the actus reus of 18 U.S.C. § 2422(b), “any individual who has not attained the age of eighteen years" with its opposite, an adult? II. When a trial court finds sufficient evidence of inducement to permit an entrapment defense, is it prosecutorial misconduct for the government to relieve themselves of the burden of proving predisposition by repeatedly telling the jury that it is unnecessary for the government to prove the essential element? ; : . ii.

Docket Entries

2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-11-30
Waiver of right of respondent United States to respond filed.
2023-11-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 22, 2023)

Attorneys

Alvin C. Andre
Alvin Celius Andre — Petitioner
Alvin Celius Andre — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent