No. 24-900

Parvez Anjum Qureshi v. United States

Lower Court: Fifth Circuit
Docketed: 2025-02-20
Status: Denied
Type: Paid
Response Waived
Tags: conspiracy constitutional-rights controlled-substances due-process jury-instructions mens-rea
Latest Conference: 2025-03-21
Question Presented (from Petition)

Where the district court misinforms and errone ously instructs the jury as to the mens rea requirement for Title 21 U.S.C. § 841( a), in violation of Ruan v. United States, and thereby commits reversible error as to the substantive § 841(a) counts of conviction, can a conviction for conspiracy to unlawfully distribute or dispense controlled substances, in violation of Title 21 U.S.C. § 846, tr ied in the same proceedings, be affirmed notwithstanding the fact that the conspiracy jury instructions tracked verbatim the district court's erroneous misstatement of law as to the mens rea requirement for § 841(a) (the underlying substantive offense and sole object of the conspiracy), rendering both instructions "inextricably intertwined", and resulting in a jury charge that failed to require the jury to find, and the Govern ment to prove, beyond a reasonable doubt the requisite culpable mental state?

Question Presented (AI Summary)

Whether a conspiracy conviction can be affirmed when the jury instructions for the underlying substantive offense were erroneous and misstated the mens rea requirement in violation of Ruan v. United States

Docket Entries

2025-03-24
Petition DENIED.
2025-03-05
DISTRIBUTED for Conference of 3/21/2025.
2025-02-25
Waiver of United States of right to respond submitted.
2025-02-25
Waiver of right of respondent United States to respond filed.
2025-02-17
Petition for a writ of certiorari filed. (Response due March 24, 2025)

Attorneys

Parvez Anjum Qureshi
George McCall Secrest Jr.Bennett & Secrest, PLLC, Petitioner
United States
Sarah M. HarrisActing Solicitor General, Respondent