No. 23-7317

Michael A. Maggio v. United States

Lower Court: Eighth Circuit
Docketed: 2024-04-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-law criminal-procedure due-process federal-statute nunc-pro-tunc plea-bargaining plea-modification post-conviction-relief property-rights statutory-interpretation statutory-limitation supreme-court-ruling
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2024-05-30
Question Presented (AI Summary)

Should Michael A. Maggio benefit from subsequent rulings of the United States Supreme Court that 18 U.S.C § 666(a)(1)(B) was limited to property rights thereby making the statute under which Maggio pleaded guilty inapplicable to find him guilty entitling him to an order to dismiss the Information and entry of an order Nunc Pro Tunc or other such device to place Mr. Maggio in the position he was in before the indictment?

Question Presented (OCR Extract)

QUESTION PRESENTED Should Michael A. Maggio benefit from subsequent rulings of the United States Supreme Court that 18 U.S.C § 666(a)(1)(B) was limited to property rights thereby making the statute under which Maggio pleaded guilty inapplicable to find him guilty entitling him to an order to dismiss the Information and entry of an order Nunc Pro Tunc or other such device to place Mr. Maggio in the position he was in before the indictment? 2

Docket Entries

2024-06-03
Petition DENIED.
2024-05-15
DISTRIBUTED for Conference of 5/30/2024.
2024-05-07
Waiver of right of respondent United States to respond filed.
2024-02-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 28, 2024)

Attorneys

Michael Maggio
James Earl Hensley Jr.Hensley Law Firm, P.A., Petitioner
James Earl Hensley Jr.Hensley Law Firm, P.A., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent