No. 21-8215

Nathaniel Ausbie v. United States

Lower Court: Fifth Circuit
Docketed: 2022-06-23
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review court-of-appeals criminal-conviction criminal-procedure due-process government-theory jury-instructions legal-review sufficiency-of-evidence
Latest Conference: 2022-09-28
Question Presented (from Petition)

When a defendant challenges the sufficiency of the evidence for his conviction, may a court of appeals affirm based on a theory different from the one the Government presented to the jury?

Question Presented (AI Summary)

When a defendant challenges the sufficiency of the evidence for his conviction, may a court of appeals affirm based on a theory different from the one the Government presented to the jury?

Docket Entries

2022-10-03
Petition DENIED.
2022-07-07
DISTRIBUTED for Conference of 9/28/2022.
2022-06-29
Waiver of right of respondent United States to respond filed.
2022-06-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 25, 2022)

Attorneys

Nathaniel Ausbie
Bradford Wayne BoganFederal Public Defender, Western District of Texas, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent