Flynn v. United States

(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.