Joseph Perrone v. United States
DueProcess HabeasCorpus
Did the lower courts refuse to follow the decision and 134 S.Ct. 881, 187 L.Ed.2d 715 (2014), and thereby violate fundamental principles of due process, in finding that the record was insufficient under the "but for" causation standard but then accepting as sufficient the Government's factual assertions on appeal which were not in the record, had not been presented to the District Court, and had never been tested in any adversarial proceeding?
Did the lower courts refuse to follow the decision and holdings of this Court in United States v. Burrage, 571 U.S. 204, 134 S.Ct. 881, 187 L.Ed.2d 715 (2014), and thereby violate fundamental principles of due process, in finding that the record was insufficient under the 'but for' causation standard but then accepting as sufficient the Government's factual assertions on appeal which were not in the record, had not been presented to the District Court, and had never been tested in any adversarial proceeding?