No. 23-6413

Donald Bill Smith v. United States

Lower Court: Eighth Circuit
Docketed: 2024-01-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-1512 burden-of-proof circuit-split criminal-procedure criminal-statute drug-conspiracy mens-rea official-proceeding witness-tampering
Key Terms:
DueProcess
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Whether the witness tampering resulting in death statute, 18 U.S.C. §§1512(a)(1)(A) and (k), requires the Government to prove beyond a reasonable doubt that the defendant knew his obstructive conduct would affect a particular foreseeable official proceeding and whether, in this case, the Government satisfied its burden

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether the witness tampering resulting in death statute, 18 U.S.C. §§1512(a)(1)(A) and (k), requires the Government to prove beyond a reasonable doubt that the defendant knew his obstructive conduct would affect a particular foreseeable official proceeding and whether, in this case, the Government satisfied its burden. 2 Whether the standard established by the Eighth Circuit Court of Appeals to differentiate between a conspiracy to distribute a controlled substance and a mere buyer-seller agreement conflicts with the standard established by other circuit courts of appeals. i

Docket Entries

2024-02-20
Petition DENIED.
2024-01-11
DISTRIBUTED for Conference of 2/16/2024.
2024-01-08
Waiver of right of respondent United States to respond filed.
2024-01-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 5, 2024)

Attorneys

Donald Bill Smith
Joseph Blake Hendrix Jr.Fuqua Campbell, P.A., Petitioner
Joseph Blake Hendrix Jr.Fuqua Campbell, P.A., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent