No. 23-5332

Tamara Jeune, aka Tamara Voltaire v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-08-10
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: circuit-court-split circuit-split evidence-rule federal-rules-of-evidence judicial-interpretation prejudice probative-value propensity-evidence rule-404(b) trial-procedure
Key Terms:
SocialSecurity
Latest Conference: 2024-01-05
Question Presented (from Petition)

How are the courts to properly apply Fed. R. Evid. 404(b)? Should they apply the Third Circuit's more substantive approach which requires a close connection between the 404(b) purpose and the material issues in the case, as explained in United States v. Caldwell, 760 F.3d 267 (3d Cir. 2014)? Alternatively, should the courts apply the Eleventh Circuit's more theoretical approach which requires a lower connection between the 404(b) purpose and the material issues in the case, and allows explicit propensity purposes to be presented or dominate at trial, as demonstrated in Petitioner's case?

Whether Kisor v. Wilkie, 139 S.Ct. 2400 (2019) precludes deference to guideline commentary that expands the fraud guideline text in U.S.S.G. §2B1.1?

Question Presented (AI Summary)

How are the courts to properly apply Fed. R. Evid. 404(b)?

Docket Entries

2024-01-08
Petition DENIED.
2024-01-02
Reply of petitioner Tamara Jeune filed. (Distributed)
2023-11-30
DISTRIBUTED for Conference of 1/5/2024.
2023-11-13
Brief of respondent United States in opposition filed.
2023-09-22
Motion to extend the time to file a response is granted and the time is further extended to and including November 13, 2023.
2023-09-19
Motion to extend the time to file a response from October 11, 2023 to November 13, 2023, submitted to The Clerk.
2023-08-29
Motion to extend the time to file a response is granted and the time is extended to and including October 11, 2023.
2023-08-28
Motion to extend the time to file a response from September 11, 2023 to October 11, 2023, submitted to The Clerk.
2023-08-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 11, 2023)

Attorneys

Tamara Jeune
Margaret Yvonne FoldesFederal Public Defender's Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent