No. 19-6809

Jason Michael Strubberg v. United States

Lower Court: Eighth Circuit
Docketed: 2019-12-03
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 6th-amendment criminal-procedure due-process entrapment jury-instructions sentencing sixth-amendment undercover-operations
Key Terms:
DueProcess Immigration Privacy
Latest Conference: 2020-01-10
Question Presented (from Petition)

1. Whether the Sixth Amendment and Due Process Clause allow a court to instruct the jury, over objection, that "Undercover agents may properly make use of false names, false appearances, and may properly assume the roles of members in criminal organizations. . . . If you are satisfied beyond a reasonable doubt that the defendant committed the offense as charged in the indictment, the fact that the government made use of investigative techniques that deceive is not relevant to your determination."

2. Whether a court may, without case-specific findings or evidence of prior criminal history involving children or online sexual activities, impose stringent conditions of supervised release restricting a released prisoner's access to computers and children.

Question Presented (AI Summary)

Whether the Sixth Amendment and Due Process Clause allow a court to instruct the jury, over objection, that 'Undercover agents may properly make use of false names, false appearances, and may properly assume the roles of members in criminal organizations. . . . If you are satisfied beyond a reasonable doubt that the defendant committed the offense as charged in the indictment, the fact that the government made use of investigative techniques that deceive is not relevant to your determination.

Docket Entries

2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-12-12
Waiver of right of respondent United States to respond filed.
2019-11-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2020)

Attorneys

Jason Strubberg
Elizabeth Unger CarlyleCarlyle Parish LLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent