No. 18-7074
Gennaro Mattiaccio v. United States
Response WaivedIFP
Tags: civil-rights criminal-procedure double-jeopardy due-process jurisdiction prosecutorial-misconduct sentencing sufficiency-of-evidence
Latest Conference:
2019-01-11
Question Presented (from Petition)
1. The convictions on Count two must be vacated because the evidence at trial was insufficient to establish guilt and also conflicts with the law of other Circuits.
2. The sentence is procedurally unreasonable because the District Court erred in applying an Enhancement for Obstruction of Justice, which also conflicts with the law of other jurisdictions.
3. Serious prosecutorial misconduct resulted from the prosecutor's conduct in two other cases.
Question Presented (AI Summary)
Whether the evidence was insufficient to sustain the convictions on Count 3
Docket Entries
2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-12-21
Waiver of right of respondent United States to respond filed.
2018-09-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2019)
Attorneys
Gennaro Mattiaccio
Gennaro Mattiaccio — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent