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Michael Wood, et ux. v. United States

Paid petition · United States Court of Appeals for the Third Circuit, No. 18-3597, 18-3653 · judgment February 6, 2020


Certiorari denied · December 7, 2020
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Third Circuit decision below and counsel who has filed here before.

Questions presented

  1. Whether Defendants’ conviction for conspiracy to commit immigration offenses is legally invalid pursuant to Yates v. United States, 354 U.S. 298 (1957) because at least one of the three “objects” of the conspiracy took place outside the “object’s” statute of limitations period.

  2. Whether the offense of “encourag[ing] or induc[ing] an alien . . . to reside in the United States,” 8 U.S.C. § 1324(a)(1)(A)(iv), is facially overbroad and violates the First Amendment.

  3. Whether the Defendants’ convictions resulted from a constructive amendment to the indictment, or from a prejudicial variance, when the trial court permitted the government to avoid a statute of limitations problem by arguing that conduct that post-dated the offenses that the grand jury charged was offense conduct, and permitted the jury to consider it as such.

Counsel of record

For petitioner
David G. Sigale
Law Firm of David G. Sigale, P.C.

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, December 7, 2020 · Certiorari denied

Proceedings

  1. Dec 07 2020
    Petition DENIED.
  2. Nov 10 2020
    DISTRIBUTED for Conference of 12/4/2020.
  3. Nov 06 2020
    Waiver of right of respondent United States to respond filed.
  4. Oct 29 2020
    Petition for a writ of certiorari filed. (Response due December 3, 2020)