No. 18-8064

Fernando Luviano v. United States

Lower Court: Ninth Circuit
Docketed: 2019-02-21
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: circuit-split criminal-law criminal-statute document-falsification evidence federal-investigation obstruction-of-justice prosecutorial-standard statutory-interpretation
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-10-01 (distributed 2 times)
Question Presented (from Petition)

Should this Court grant the petition for writ of certiorari to resolve the circuit split of whether 18 U.S.C. § 1519 requires the government to prove there was a "reasonable likelihood" that the falsified reports in question were written to impede a federal investigation, as opposed to a state or local matter.

Question Presented (AI Summary)

Whether 18 U.S.C. § 1519 requires the government to prove a 'reasonable likelihood' that the falsified reports were written in contemplation of a possible federal investigation

Docket Entries

2019-10-07
Petition DENIED.
2019-06-20
DISTRIBUTED for Conference of 10/1/2019.
2019-05-31
Brief of respondent United States of America in opposition filed.
2019-04-25
Motion to extend the time to file a response is granted and the time is extended to and including May 31, 2019.
2019-04-24
Motion to extend the time to file a response from May 1, 2019 to May 31, 2019, submitted to The Clerk.
2019-04-01
Response Requested. (Due May 1, 2019)
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-20
Waiver of right of respondent United States of America to respond filed.
2019-02-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2019)

Attorneys

Fernando Luviano
Katherine WindsorLaw Office of Katherine Kimball Windsor, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent