No. 20-5805

Ian Resnick v. United States

Lower Court: Third Circuit
Docketed: 2020-09-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confrontation-clause crawford-v-washington criminal-procedure due-process fraud-loss overview-testimony sentencing-guidelines sixth-amendment testimonial-statements
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-10-30
Question Presented (from Petition)

1) Whether the Confrontation Clause of the Sixth Amendment permits, under the guise of "overview testimony", the
admission against a criminal defendant a statement by an accuser on the grounds the Confrontation Clause framework
established in Crawford V Washington, 541 U.S. 36, 124 S. Ct. 1354,158 L. Ed. 2nd 177 (2004) holds the Clause
unequivocally prohibits the admission of out-of-court statements without the Right to Confrontation. Specifically when the
statement is used to obtain an indictment that upon conviction opens the flood gates to millions of dollars in fraud loss at
sentencing under Sentencing Guidelines 2B1 .1 at a much lower standard of evidence that no trial jury will ever hear?

Question Presented (AI Summary)

Whether the Confrontation Clause permits the admission of an accuser's statement against a criminal defendant under the guise of 'overview testimony'

Docket Entries

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-08
DISTRIBUTED for Conference of 10/30/2020.
2020-09-30
Waiver of right of respondent United States to respond filed.
2020-07-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2020)

Attorneys

Ian Resnick
Ian Resnick — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent