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Gary Thomas and Felix Parrilla v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 15-141, 15-230 · judgment March 15, 2018


Certiorari denied · October 9, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

  1. Whether it is permissible under the venue provisions of the U.S. Constitution Article III, § 2, cl. 3; the Sixth Amendment; and Federal Rules of Criminal Procedure Rule 18 for the Government to manufacture venue in the Southern District of New York by bringing a cooperating witness into the district for the sole purpose of making scripted phone calls to fulfill the government’s objective of informing fellow conspirators of the cooperator’s location.

Counsel of record

For petitioner
Stephen N. Preziosi
Law Office of Stephen N. Preziosi, PC

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Related
Vide, 18-240

Proceedings

  1. Oct 09 2018
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Sep 19 2018
    DISTRIBUTED for Conference of 10/5/2018.
  3. Sep 12 2018
    Waiver of right of respondent United States to respond filed.
  4. Aug 17 2018
    Petition for a writ of certiorari filed. (Response due September 24, 2018)