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Flynn v. United States

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-1129 8th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the due process clause of the United States Constitution, as discussed in McCarthy v. United States and more recent decisions of the Supreme Court, requires discussion in open court of the elements of an 18 U.S.C. § 371 conspiracy to defraud the Internal Revenue Service (Klein Conspiracy) offense to advise the defendant of the nature of the charges against him before a guilty plea is accepted; (2) whether the requirement for a nexus between a particular administrative proceeding and a taxpayer’s conduct is necessary to save the constitutionality of a conviction under an 18 U.S.C. § 371 conspiracy to defraud the Internal Revenue Service (Klein Conspiracy) after the Supreme Court’s decision in Marinello v. United States; and (3) whether a criminal defendant is entitled to a jury trial to determine the amount of restitution under either the Sixth or Seventh Amendments to the United States Constitution.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 11 2021Petition for a writ of certiorari filed. (Response due March 19, 2021)
Mar 01 2021Motion to extend the time to file a response from March 19, 2021 to April 19, 2021, submitted to The Clerk.
Mar 02 2021Motion to extend the time to file a response is granted and the time is extended to and including April 19, 2021.
Mar 19 2021Brief amicus curiae of New York Council of Defense Lawyers filed.
Apr 07 2021Motion of United States of America for an extension of time submitted.