overt-act
10 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-284 | Andre Ricardo Briscoe v. United States | Fourth Circuit | 2024-09-12 | Denied | Amici (1)Response Waived | criminal-conspiracy federal-prosecution overt-act statute-of-limitations substantive-offense tolling-doctrine | Prosecutors, judges, and defense lawyers know that the statute of limitations for almost all federal crimes is five years. 18 U.S.C. § 3282(a). Yet th… |
| 24-5105 | Heclouis Nieves-Diaz v. United States | First Circuit | 2024-07-18 | Denied | Response WaivedIFP | agreement circuit-split conspiracy controlled-substance controlled-substance-offense criminal-law overt-act sentencing-guidelines | The United States Sentencing Guidelines define a "controlled substance offense" to include "the offense[] of conspiring to commit such offenses." The … |
| 23-5623 | Patrick Medearis v. United States | Eighth Circuit | 2023-09-21 | Denied | Response WaivedIFP | 21-usc-846 conspiracy controlled-substance-offense crime-of-violence federal-criminal-law overt-act sentence-enhancement sentencing-guidelines ussg-4b1.2 | I. Does conspiracy to distribute a controlled substance in violation of 21 U.S.C. § 846 qualify as a "controlled substance offense" under USSG § 4B1.2… |
| 21-5952 | Robert Paul Rundo, Robert Boman, Tyler Laube, and Aaron Eason v. United States | Ninth Circuit | 2021-10-13 | Denied | Amici (1)IFP | 18-usc-2101 anti-riot-act brandenburg-v-ohio civil-rights constitutional-interpretation first-amendment free-speech interstate-commerce overt-act riot speech-restriction | Whether the Anti-Riot Act is facially unconstitutional, because it cannot be interpreted, faithful to its plain text and consistent with congressional… |
| 21-5960 | Alexander Davis v. United States | Third Circuit | 2021-10-13 | Denied | IFP | actus-reus attempt attempt-offense criminal-law criminal-statute entrapment overt-act predisposition substantial-step | 1. Whether the requirement of a "substantial step" can be satisfied by conduct occurring after the alleged attempt has ended. 2. Whether a defendant'… |
| 21-496 | Martez L. Smith v. United States | Seventh Circuit | 2021-10-04 | Denied | Response WaivedRelisted (2) | categorical-approach conspiracy criminal-law criminal-procedure guideline-interpretation overt-act sentencing-guidelines statutory-interpretation | 1. Whether the categorical approach for generic offenses applies to the offense of conspiring under U.S.S.G. § 4B1.2 Application Note 1 and requires a… |
| 21-143 | Raymond Rodriguez-Rivera v. United States | First Circuit | 2021-08-03 | Denied | Amici (3)Response Waived | agreement circuit-split conspiracy controlled-substance controlled-substance-offense criminal-law overt-act sentencing-guidelines | The United States Sentencing Guidelines define a "controlled substance offense" as one that includes "the offense[] of * * * conspiring * * * to commi… |
| 20-5656 | Priscilla Ann Ellis v. United States | Eleventh Circuit | 2020-09-10 | Denied | Response WaivedIFP | criminal-conspiracy criminal-procedure district-prosecution due-process jurisdiction jurisdictional-challenge overt-act venue venue-requirement | In a criminal conspiracy case, does proof of venue require that at least one defendant charged in the case have participated in an overt act in furthe… |
| 19-8397 | Domenico Alexander Lockhart v. North Carolina | North Carolina | 2020-05-05 | Denied | Response WaivedIFP | civil-rights cole-v-arkansas constitutional-law criminal-conspiracy criminal-procedure drug-narcotic-offenses due-process judicial-review overt-act procedural-and-substantive-rights statutory-interpretation | Question not identified. |
| 19-7335 | Chad Prodoehl v. United States | Sixth Circuit | 2020-01-17 | Denied | Response WaivedIFP | conspiracy criminal-law drug-conspiracy drug-crimes drug-trafficking due-process inchoate-offense inchoate-offenses overt-act sentencing sentencing-enhancement statutory-enhancement statutory-interpretation | As statutorily defined, violating 21 U.S.C. § 846 is an inchoate offense, as it requires no overt act, but is complete upon the agreement. Because of … |