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Alphonso I. Waters, Jr. v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-11333 · judgment September 10, 2019

Certiorari denied · March 23, 2020
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Whether petitioner’s due process rights were violated by his wire fraud convictions for conduct that did not fall within the ambit of the wire fraud statute as the government acknowledged lacking sufficient evidence to prove petitioner intended to harm the target of his alleged deception, an essential element of the criminal statute. 2. Whether the denial of petitioner’s requested jury charge that wire fraud requires an intent to harm violated petitioner’s due process rights by not requiring the government to prove an essential element of the criminal statute.

Counsel of record

For petitioner
Gary Paul Bunch
Gary Bunch, P.C.

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 23 2020
    Petition DENIED.
  2. Mar 04 2020
    DISTRIBUTED for Conference of 3/20/2020.
  3. Feb 26 2020
    Waiver of right of respondent United States of America to respond filed.
  4. Feb 14 2020
    Petition for a writ of certiorari filed. (Response due March 20, 2020)