No. 21-6833
Jason Lee Sarabia v. United States
Tags: circuit-split criminal-procedure double-jeopardy evidence-standard fifth-circuit jury-conviction jury-instructions lesser-included-offenses multiplicity
Latest Conference:
2022-02-18
Question Presented (from Petition)
Do convictions of greater and lesser-included offenses violate the Double Jeopardy Clause when the prosecution uses the same evidence to obtain both convictions, as most circuits have held, or must the defendant show that the jury could not have based each conviction on different evidence, as the Fifth Circuit has held?
Question Presented (AI Summary)
Do convictions of greater and lesser-included offenses violate the Double Jeopardy Clause when the prosecution uses the same evidence to obtain both convictions, as most circuits have held, or must the defendant show that the jury could not have based each conviction on different evidence, as the Fifth Circuit has held?
Docket Entries
2022-02-22
Petition DENIED.
2022-01-20
DISTRIBUTED for Conference of 2/18/2022.
2022-01-14
Waiver of right of respondent United States of America to respond filed.
2022-01-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 11, 2022)
Attorneys
Jason Lee Sarabia
Kristin Michelle Kimmelman — Federal Public Defender's Office, Petitioner
United States of America
Elizabeth B. Prelogar — Solicitor General, Respondent