No. 24-6687

Jason Jayavarman v. United States

Lower Court: Ninth Circuit
Docketed: 2025-03-04
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: child-pornography criminal-procedure duplicitous-indictment ineffective-counsel plea-offer rule-8a
Key Terms:
HabeasCorpus
Latest Conference: 2025-09-29 (distributed 2 times)
Question Presented (AI Summary)

Is an indictment duplicitous when it charges multiple offenses in a single count and does Federal Rule of Criminal Procedure 8(a) prohibit such charging

Question Presented (OCR Extract)

1.Is indictment duplicitous when it charges two or more offenses in a single count? 2.Does Federal Rule of Criminal Procedure 8(a) prohibit the charging of multiple offenses in one count? 3.does district court violate Rule 8(a) of the Federal Rules of Criminal Procedure when it knowingly divided Count One of the indictment into two separate sub-counts or charges? 4. Do offenses of production and attempted production of child pornography pursuant to 18 U.S.C. §§2251(c) and (e) require an act of traveling in foreign commerce for the purpose of committing the alleged crimes? Do the words "and" and "or" have different meanings (especially when they are tucked into different clauses of federal statute or indictment)?5. 6.Does the district court make an error of law when it improperly applied AEDPA's statute of limitations? 7.Is the district court's error of law a "mistake" under Federal Rule of Civil Procedure 60(b)(1)? 8.Does the district court issue a final judgment when it denied a Rule 60 (b)(1) motion without resolving a claim of statutory error? 9.Is trial counsel ineffective when he failed to object to the duplicitous indictment and to the jury charge allowing submission of two charges in Count One to the jury? 10. Is trial counsel ineffective when he failed to communicate a government's formal plea offer prior to the offer's expiration? i

Docket Entries

2025-10-06
Rehearing DENIED.
2025-09-03
DISTRIBUTED for Conference of 9/29/2025.
2025-05-12
Petition for Rehearing filed.
2025-04-21
Petition DENIED.
2025-04-02
DISTRIBUTED for Conference of 4/17/2025.
2025-03-20
Waiver of United States of right to respond submitted.
2025-03-20
Waiver of right of respondent United States to respond filed.
2025-01-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2025)

Attorneys

Jason Jayavarman
Jason Jayavarman — Petitioner
United States
D. John SauerSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent