No. 23-6103

Alvin Celius Andre v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-11-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof constructive-amendment criminal-law criminal-procedure due-process entrapment entrapment-defense prosecutorial-misconduct statutory-interpretation
Latest Conference: 2024-01-05
Question Presented (from Petition)

I. Does a constructive amendment occur when the government
substitutes Congress's intended object of the actus reus of 18
U.S.C. § 2422(b), "any individual who has not attained the age
of eighteen years" with its opposite, an adult?

II. When a trial court finds sufficient evidence of inducement to
permit an entrapment defense, is it prosecutorial misconduct
for the government to relieve themselves of the burden of
proving predisposition by repeatedly telling the jury that it
is unnecessary for the government to prove the essential
element?

Question Presented (AI Summary)

Does a constructive amendment occur when the government substitutes Congress's intended object of the actus reus of 18 U.S.C. § 2422(b), 'any individual who has not attained the age of eighteen years' with its opposite, an adult?

Docket Entries

2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-11-30
Waiver of right of respondent United States to respond filed.
2023-11-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 22, 2023)

Attorneys

Alvin C. Andre
Alvin Celius Andre — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent