No. 23-7286

Francis Arthur v. United States

Lower Court: Fourth Circuit
Docketed: 2024-04-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-v-maryland brady-violation criminal-procedure deportation due-process exculpatory-evidence fourth-circuit material-witness motion-to-dismiss witness-deportation
Latest Conference: 2024-05-23
Question Presented (from Petition)

1. Whether the Fourth Circuit erred in affirming the
district court's denial of Arthur's motion to dismiss the
indictment because the Government deported a witness whose
testimony would have been material, favorable, and noncumulative.

2. Whether the Fourth Circuit erred in affirming the
district court's refusal to inspect the Government's file of the
deported witness for material subject to disclosure under Brady
v. Maryland, 373 U.S. 83 (1963), based on the Government's claim
that it had satisfied its Brady obligations.

3. Whether the Fourth Circuit erred in affirming the
district court's exclusion of statements that the deported
witness made that were against his penal interest.

4. Whether the Fourth Circuit erred in affirming the
district court's giving a "willful blindness" jury instruction
lacking any evidentiary basis.

5. Whether Arthur was entitled to acquittal because the
Government failed to prove that Arthur knew that: (1) the funds
derived from illegal activity, an element of all charged
offenses; and (2) the transactions were designed to conceal the
funds, an element of concealment money laundering.

Question Presented (AI Summary)

Whether the Fourth Circuit erred in affirming the district court's denial of Arthur's motion to dismiss the indictment

Docket Entries

2024-05-28
Petition DENIED.
2024-05-08
DISTRIBUTED for Conference of 5/23/2024.
2024-05-01
Waiver of right of respondent United States to respond filed.
2024-02-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 23, 2024)

Attorneys

Francis Arthur
Peter L. GoldmanLaw Offices of Peter L. Goldman, P.C., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent