No. 23-6400

Michael Hewitt v. United States

Lower Court: Second Circuit
Docketed: 2024-01-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: conspiracy criminal-law double-jeopardy drug-distribution evidence jury-instructions
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Should the trial court have acquitted Petitioner of conspiracy to distribute methamphetamine

Question Presented (OCR Extract)

QUESTION PRESENTED Should the trial court have acquitted Petitioner of conspiracy to distribute methamphetamine where (1) the evidence at best showed a conspiracy to distribute MDMA (ecstasy); (2) the jury expressly acquitted Petitioner of conspiracy to distribute MDMA (ecstasy); (3) there was no evidence of any meeting of the minds about distributing any drug other than MDMA (ecstasy); and (4) the evidence showed that the pills the alleged conspirators (and the police) believed were MDMA (ecstasy) were actually methamphetamine? -2 List of All Proceedings 1. United States District Court, E.D.N.Y.(Brooklyn), Docket No. 17-cr00164-ENV-3; judgment entered 6/17/22. 2. United States Court of Appeals for the Second Circuit, Docket No. 221387-cr; judgment entered 9/29/23. -3

Docket Entries

2024-02-20
Petition DENIED.
2024-01-11
DISTRIBUTED for Conference of 2/16/2024.
2024-01-04
Waiver of right of respondent United States to respond filed.
2023-12-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 1, 2024)

Attorneys

Michael Hewitt
Tina Schneider — Petitioner
Tina Schneider — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent