No. 19-594

Mahmoud Thiam v. United States

Lower Court: Second Circuit
Docketed: 2019-11-06
Status: Denied
Type: Paid
Response Waived
Tags: american-constitutional-limitations american-court constitutional-limitations criminal-procedure criminal-prosecution due-process foreign-statute official-act predicate-offense predicate-prosecution vagueness-doctrine
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2019-12-06
Question Presented (from Petition)

1. Where a foreign statute is used as a predicate to prosecution in a United States court, including but not limited to the vagueness doctrine, are the limitations of McDonnell v. United States, 136 S. Ct. 2355 (2016), not limited to American constitutional limitations?

2. Where a defendant is charged with an offense that requires, as a predicate, violation of a foreign statute that requires a quid pro quo in exchange for official action, must the jury be instructed consistently with the definition of "official act" set forth in McDonnell v. United States, 136 S. Ct. 2355 (2016)?

3. Did the petitioner's conduct, as testified to at trial, amount to an official act pursuant to McDonnell?

Question Presented (AI Summary)

Where a foreign statute is used as a predicate for prosecution in an American court, must that statute be construed in accordance with American constitutional limitations, including but not limited to the vagueness doctrine?

Docket Entries

2019-12-09
Petition DENIED.
2019-11-20
DISTRIBUTED for Conference of 12/6/2019.
2019-11-13
Waiver of right of respondent United States of America to respond filed.
2019-11-04
Petition for a writ of certiorari filed. (Response due December 6, 2019)

Attorneys

Mahmoud Thiam
Jonathan I. EdelsteinEdelstein & Grossman, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent