No. 18-9829

Herve Wilmore, Jr. v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-06-27
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appeal appellate-review constructive-amendment criminal-procedure due-process fifth-amendment grand-jury-clause judicial-review
Latest Conference: 2019-11-15 (distributed 2 times)
Question Presented (from Petition)

Consistent with recalling the mandate to prevent injustice

1) Did the Court of Appeals affirm a Constructive Amendment, which requires reversal per se?

2) Whether Petitioner was convicted of an uncharged offense in violation of the Grand Jury Clause of the Fifth Amendment?

Question Presented (AI Summary)

Did the Court of Appeals affirm a Constructive Amendment, which requires reversal per se?

Docket Entries

2019-11-18
Rehearing DENIED.
2019-10-30
DISTRIBUTED for Conference of 11/15/2019.
2019-10-15
Petition for Rehearing filed.
2019-10-07
Petition DENIED.
2019-07-18
DISTRIBUTED for Conference of 10/1/2019.
2019-07-10
Waiver of right of respondent United States to respond filed.
2019-06-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 29, 2019)

Attorneys

Herve Wilmore
Herve Wilmore Jr. — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent