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Ryan v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
11-499 7th Cir. Not Argued Apr 30, 2012 N/A N/A OT 2011

Issue: (1) Whether, to have preserved a claim that jury instructions directed and produced a conviction for noncriminal conduct, a petitioner under 18 U.S.C. § 2255 must have argued for the precise standard this Court articulated when it held this conduct noncriminal in a later case; (2) whether a federal court may disregard the government’s express acknowledgment that a petitioner preserved a claim that instructions directed and produced his conviction for noncriminal conduct; and (3) whether, when a jury was directed to convict a § 2255 petitioner of noncriminal conduct, he must show (a) that the evidence would have been insufficient to support his conviction under the appropriate standard; (b) that there is grave doubt whether the erroneous instructions had a substantial and injurious effect on the verdict; (c) that there is a reasonable likelihood that he was not convicted of a crime; or (d) that it is not clear beyond a reasonable doubt that he was convicted of a crime.

Judgment: Granted, vacated and remanded for further consideration in light of Wood v. Milyard. on April 30, 2012.

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