No. 23-6866

Cesar Abreu v. United States

Lower Court: Second Circuit
Docketed: 2024-02-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process evidence-admissibility federal-rule-of-evidence-404b federal-rules-of-evidence fifth-amendment narcotics narcotics-distribution prior-conviction prior-convictions search-and-seizure
Key Terms:
DueProcess FifthAmendment Privacy JusticiabilityDoctri
Latest Conference: 2024-03-22
Question Presented (AI Summary)

Whether the decision of the United States Court of Appeals for the Second Circuit, affirming Petitioner's conviction of narcotics distribution in the Southern District of New York, was in violation of Federal Rule of Evidence 404(b) and/or the Fair Trial/Due Process guarantees of the Fifth Amendment

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether the decision of the United States Court of Appeals for the Second Circuit, affirming Petitioner’s conviction of narcotics distribution in the Southern District of New York, was in violation of Federal Rule of Evidence 404(b) and/or the Fair Trial/Due Process guarantees of the Fifth Amendment when, in a federal prosecution for narcotics distribution, the Government was permitted, over timely objection, to present to the jury evidence that Petitioner had been previously convicted of a similar federal narcotics distribution offense, error that was compounded when the trial court also permitted the Government, again over timely objection, to introduce narcotics and related evidence from the prior federal case. i STATEMENT OF RELATED CASES e United States v. Abreu, 21-CR-300. U.S. District Court for the Southern District of New York. Judgment entered October 7, 2022. e United States v. Abreu, 22-2676. U.S. Court of Appeals for the Second Circuit. Judgment entered November 30, 2023. ii

Docket Entries

2024-03-25
Petition DENIED.
2024-03-07
DISTRIBUTED for Conference of 3/22/2024.
2024-03-05
Waiver of right of respondent United States to respond filed.
2024-02-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2024)

Attorneys

Cesar Abreu
David A. RuhnkeRuhnke & Barrett, Petitioner
David A. RuhnkeRuhnke & Barrett, Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent