No. 18-9723

Jennifer Cardenas v. United States

Lower Court: Second Circuit
Docketed: 2019-06-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constructive-amendment due-process false-statements indictment indictment-specificity jury-instruction statutory-interpretation variance visa-fraud
Latest Conference: 2019-10-01
Question Presented (from Petition)

1. Whether an indictment charging visa fraud under 18 U.S.C. § 1546(a)
or other crimes involving "false statements" must specify the allegedly false
statements at issue and include factual allegations sufficient to establish the falsity
of those statements.

2. Whether a jury instruction that allows for a conviction of a crime
involving "false statements" on the basis of alleged statements other than those
described in the indictment amounts to a "constructive amendment" of the
indictment or a harmless "variance."

Question Presented (AI Summary)

Whether an indictment charging visa-fraud must specify the allegedly-false-statements and include factual-allegations to establish their-falsity

Docket Entries

2019-10-07
Petition DENIED.
2019-06-27
DISTRIBUTED for Conference of 10/1/2019.
2019-06-25
Waiver of right of respondent United States to respond filed.
2019-06-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 19, 2019)

Attorneys

Jennifer Cardenas
Lucas Arment AndersonRothman, Schneider, Soloway & Stern, LLP, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent