No. 19-6053

Diosme Fernandez Hano v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-09-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review circuit-split criminal-procedure due-process eleventh-circuit evidentiary-rulings indictment judicial-precedent jury-instructions statute-of-limitations united-states-code witness-testimony
Latest Conference: 2019-11-01
Question Presented (from Petition)

1. Whether the Eleventh Circuit erred in holding that the indictment was returned within the limitation period under 18 U.S.C. § 3297.

2. Whether the Eleventh Circuit erred by disregarding this Court's Jurisprudence, in conflict with US v. Santos, 449 F. 3d 93 (2d Cir. 2006) and the decisions of other circuits in finding that the District Court did not err in denying Hano's Motion for a Judgment of Acquittal and for a New Trial.

3. Whether the Eleventh Circuit erred by disregarding this Court's Jurisprudence, in conflict with United States v. Thompson, 615 F.2d 329 (5th Cir 1980) and the decisions of other circuits when finding that the District Court did not err when it permitted Borrego-Izquierdo to testify.

Question Presented (AI Summary)

Whether the Eleventh Circuit erred in holding that the indictment was returned within the limitation period under 18 U.S.C. § 3297

Docket Entries

2019-11-04
Petition DENIED.
2019-10-10
DISTRIBUTED for Conference of 11/1/2019.
2019-10-03
Waiver of right of respondent United States to respond filed.
Main Document
2019-09-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 25, 2019)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Diosme Hano
Joseph Asher Davidow — Willis & Davidow, LLC, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent