No. 21-6115

Jaime Mayorga v. United States

Lower Court: Ninth Circuit
Docketed: 2021-10-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: chapman-v-california criminal-conviction criminal-procedure harmless-error intent-to-defraud jury-instruction jury-instructions ninth-circuit statutory-interpretation united-states-v-neder
Latest Conference: 2021-12-03
Question Presented (from Petition)

Did the Ninth Circuit's disposition of Petitioner's instructional error claim, which did not examine evidence Petitioner proffered regarding his lack of intent to cheat the purported victims, conflict with United States v. Neder, 527 US. 1, 19 (1999), which requires such a searching inquiry whenever "the defendant contested" the instruction given "and raised evidence sufficient to support a contrary finding"?

Question Presented (AI Summary)

Did the Ninth Circuit's disposition of Petitioner's instructional error claim, which did not examine evidence Petitioner proffered regarding his lack of intent to cheat the purported victims, conflict with United States v. Neder, 527 US. 1, 19 (1999), which requires such a searching inquiry whenever 'the defendant contested' the instruction given 'and raised evidence sufficient to support a contrary finding'?

Docket Entries

2021-12-06
Petition DENIED.
2021-11-10
DISTRIBUTED for Conference of 12/3/2021.
2021-11-01
Waiver of right of respondent United States of America to respond filed.
2021-10-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2021)

Attorneys

Jaime Mayorga
David Andrew SchlesingerJacobs & Schlesinger LLP, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent