| 19-7070 |
Gary R. Tomey, II v. United States |
Eleventh Circuit |
2019-12-27 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure due-process fifth-amendment indictment jury-instructions material-variance self-incrimination sentencing sentencing-hearing |
Whether a constructive amendment and/or material variance of the indictment occurs when a court instructs the jury for the first time — during its del… |
| 19-6581 |
Javier Leon v. United States |
Eighth Circuit |
2019-11-12 |
Denied |
Response WaivedIFP |
constitutional-rights constructive-amendment criminal-procedure due-process fourth-amendment ineffective-assistance material-variance methamphetamine-charge search-and-seizure |
Whether counsel's failure to subject the government's case to strict adversarial testing, by reason of a fickle, bare-bones 'mere presence' theory of … |
| 18-6399 |
Marcos Perez-Trevino v. United States |
Eighth Circuit |
2018-10-23 |
Denied |
Response WaivedIFP |
berger-v-united-states circuit-split closed-container closed-containers conspiracy drug-conspiracy due-process fifth-amendment fifth-amendment-due-process florida-v-wells fourth-amendment fourth-amendment-search-and-seizure indictment inventory-search law-enforcement-policy material-variance probable-cause shared-interest Whether a material variance exists where the gover written-policy |
Whether the officer conducted a valid inventory search of a closed container without a written policy governing such searches |