|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|14-1095||5th Cir.||Nov 30, 2015||Jan 25, 2016||9-0||Thomas||OT 2015|
Holding: 1) When a jury instruction adds an element to the charged crime and the government fails to object, a challenge to the sufficiency of the evidence should be assessed against the elements of the charged crime, rather than the elements set forth in the erroneous jury instruction; and (2) a defendant cannot successfully raise a statute-of-limitations bar for the first time on appeal.
Judgment: Affirmed, 9-0, in an opinion by Justice Thomas on January 25, 2016.
|Date||Proceedings and Orders |
|Mar 9 2015||Petition for a writ of certiorari filed. (Response due April 10, 2015)|
|Apr 2 2015||Order extending time to file response to petition to and including May 11, 2015.|
|Apr 30 2015||Order further extending time to file response to petition to and including May 26, 2015.|
|May 22 2015||Brief of respondent United States in opposition filed.|
|Jun 2 2015||DISTRIBUTED for Conference of June 18, 2015.|
|Jun 2 2015||Reply of petitioner Michael Musacchio filed. (Distributed)|
|Jun 22 2015||DISTRIBUTED for Conference of June 25, 2015.|
|Jun 29 2015||Petition GRANTED.|
|Jul 7 2015||The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 28, 2015.|
|Jul 7 2015||The time to file respondent's brief on the merits is extended to and including October 13, 2015.|
|Aug 28 2015||Joint appendix filed. (Statement of costs filed)|
|Aug 28 2015||Brief of petitioner Michael Musacchio filed.|
|Oct 9 2015||SET FOR ARGUMENT on Monday, November 30, 2015|
|Oct 13 2015||Brief of respondent United States filed.|
|Oct 19 2015||Record requested from U.S.C.A. 5th Circuit.|
|Oct 27 2015||CIRCULATED|
|Nov 12 2015||Reply of petitioner Michael Musacchio filed. (Distributed)|
|Nov 30 2015||Argued. For petitioner: Erik S. Jaffe, Washington, D. C. For respondent: Roman Martinez, Assistant to the Solicitor General, Department of Justice, Washington, D. C.|
|Jan 25 2016||Adjudged to be AFFIRMED. Thomas, J., delivered the opinion for a unanimous Court.|
|Feb 26 2016||Judgment Issued|
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