Petitions of the week
on May 7, 2022
at 3:51 pm
This week we spotlight cert petitions that ask the Supreme Court to contemplate, amongst different issues, whether or not defendants have standing to claim violations of an extradition treaty and whether or not the wire fraud statute applies extraterritorially to succeed in a defendant’s conduct dedicated solely in Nigeria.
El Chapo seeks standing to argue that his trial violated the extradition treaty with Mexico
Guzman Loera v. United States is a petition introduced by Joaquin Guzman Loera, higher generally known as El Chapo, the previous chief of a Mexican drug cartel who’s serving a life sentence in Colorado. He asks the justices to permit him to claim violations of an extradition treaty. Guzman Loera doesn’t contest the proof that contributed to his conviction for his function in the Sinaloa Cartel. Instead, he claims that his trial in the U.S. District Court for the Eastern District of New York violated the extradition treaty between the United States and Mexico. According to Guzman Loera, Mexico initially extradited him to Texas and California to face modifications there. After the federal government moved him to Brooklyn, Guzman Loera maintains, the United States fraudulently obtained Mexico’s waiver for that trial.
The district courtroom dismissed his declare, ruling that Guzman Loera lacked standing as a result of treaties create rights and duties solely between the sovereign nations. The U.S. Court of Appeals for the 2nd Circuit affirmed, reasoning as effectively that, even when a defendant might generally elevate a declare below the treaty, Mexico had in truth consented to this trial (ignoring, Guzman Loera insists, his allegation that Mexico’s consent was fraudulently obtained). In his petition, Guzman Loera asserts a 4-4 circuit cut up on this concern. Raising a second query, Guzman Loera additionally asks the justices whether or not his pretrial restraints, together with solitary confinement and restricted communication, had been so “extreme and punitive” as to violate his constitutional rights.
A Nigerian defendant challenges conviction for wire fraud for conduct dedicated solely in Lagos
Ojedokun v. United States presents the justices with a problem in regards to the extraterritorial utility of a federal statute. In 2021, a federal jury convicted Seun Banjo Ojedokun of wire fraud for sending emails containing wire switch paperwork at a cyber-café in Lagos, Nigeria. At the time (2013-2015), Ojedokun insists, he had by no means traveled to the United States and didn’t take part in phone or digital conferences with conspirators in the United States. The FBI solely arrested Ojedokun in 2019, two years after he got here to the United States to pursue a doctorate in chemistry. The U.S. Court of Appeals for the 4th Circuit rejected Ojedokun’s argument that the wire fraud statute didn’t apply extraterritorially to his conduct. Another provision in the wire fraud statute permits for extraterritorial utility if “in the case of a non-United States citizen, the conduct happens in half in the United States.” To the 4th Circuit, this provision was glad as a result of, regardless of the place Ojedokun’s conduct occurred, half of the conspiracy occurred in the United States. In his petition, Ojedokun argues that the 4th Circuit’s method violates the Supreme Court’s “clear assertion” take a look at for extraterritoriality. He additionally maintains that the decrease courts are cut up on how the federal government can rebut the presumption towards extraterritoriality.
These and different petitions of the week are under:
Tat v. United States
Issue: Whether plain-error overview governs claims on attraction of error below Rogers v. United States (premised on a district courtroom’s failure to permit the defendant to be current, to take part, or to object throughout a deliberating jury’s questions), because the U.S. Court of Appeals for the ninth Circuit held under, or whether or not such claims are reviewed for harmlessness past an affordable doubt, because the U.S. Courts of Appeals for the eighth and District of Columbia Circuits have held.
Guzman Loera v. United States
Issues: (1) Whether below the Supreme Court’s precedent in United States v. Rauscher people have standing to claim violations of an extradition treaty, irrespective of whether or not the overseas sovereign raises an objection; and (2) whether or not extreme and punitive pretrial restraints impaired petitioner Guzman Loera’s proper to counsel, a protection, and obligatory due course of.
Ojedokun v. United States
Issue: Whether, as in civil circumstances, a transparent indication of congressional intent is required to rebut the presumption towards extraterritorial utility of a United States criminal statute.