No. 20-401
Devan Pierson v. United States
Tags: circuit-split constructive-amendment criminal-procedure fifth-amendment grand-jury grand-jury-clause plain-error prejudice rule-52b substantial-rights
Key Terms:
Privacy
Privacy
Latest Conference:
2021-02-19
Question Presented (from Petition)
1. What test, if any, should be used to determine whether a constructive amendment impacted a defendant's substantial rights under Rule 52(b)?
2. What showing is required to determine whether a constructive amendment is "plain" error under Rule 52(b)?
Question Presented (AI Summary)
What test should be used to determine prejudice from a constructive amendment under Rule 52(b)?
Docket Entries
2021-02-22
Petition DENIED.
2021-01-27
DISTRIBUTED for Conference of 2/19/2021.
2021-01-26
Reply of petitioner Devan Pierson filed. (Distributed)
2021-01-08
Brief of respondent United States in opposition filed.
2020-12-01
Motion to extend the time to file a response is granted and the time is further extended to and including January 8, 2021.
2020-11-30
Motion to extend the time to file a response from December 9, 2020 to January 8, 2021, submitted to The Clerk.
2020-11-13
Motion to extend the time to file a response is granted and the time is further extended to and including December 9, 2020.
2020-11-12
Motion to extend the time to file a response from November 27, 2020 to December 9, 2020, submitted to The Clerk.
2020-11-03
Motion to extend the time to file a response is granted and the time is extended to and including November 27, 2020.
2020-11-02
Motion to extend the time to file a response from October 28, 2020 to November 27, 2020, submitted to The Clerk.
2020-09-22
Petition for a writ of certiorari filed. (Response due October 28, 2020)
Attorneys
Devan Pierson
Erin E. Murphy — Kirkland & Ellis LLP, Petitioner
United States
Elizabeth B. Prelogar — Acting Solicitor General, Respondent