No. 20-1460

Rolando Cruz, Jr. v. United States

Lower Court: Third Circuit
Docketed: 2021-04-16
Status: Dismissed
Type: Paid
Response Waived
Tags: appellate-review conspiracy criminal-procedure evidence evidence-standard indictment indictment-variance rico-conspiracy third-circuit united-states-v-rowe
Latest Conference: 2021-05-13
Question Presented (from Petition)

I.
WHETHER IT WAS ERROR FOR THE THIRD CIRCUIT TO
JUSTIFY AFFIRMANCE OF THE RICO CONSPIRACY
CONVICTIONS ON THE BASIS OF EVIDENCE PROVING
SOMETHING QUITE DIFFERENT FROM WHAT WAS
CHARGED IN THE INDICTMENT?

II.
WHETHER UNITED STATES V. ROWE APPLIES TO
CONSPIRACY CASES?

Question Presented (AI Summary)

Whether the Third Circuit erred in affirming RICO conspiracy convictions based on evidence of a different conspiracy than was charged

Docket Entries

2021-04-29
Stipulation to dismissal under Rule 46 filed.
2021-04-29
Petition Dismissed - Rule 46.
2021-04-27
DISTRIBUTED for Conference of 5/13/2021.
2021-04-21
Waiver of right of respondent United States to respond filed.
2021-04-14
Petition for a writ of certiorari filed. (Response due May 17, 2021)

Attorneys

Rolando Cruz
Peter Goldberger Jr. — Petitioner
Rolando Cruz Jr. — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent