Musacchio v. United States
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 Clarence Thomas on Jan 25, 2016.
Mar 9, 2015Petition for a writ of certiorari filed. (Response due April 10, 2015)
Apr 2, 2015Order extending time to file response to petition to and including May 11, 2015.
Apr 30, 2015Order further extending time to file response to petition to and including May 26, 2015.
May 22, 2015Brief of respondent United States in opposition filed.
Jun 2, 2015DISTRIBUTED for Conference of June 18, 2015.
Jun 2, 2015Reply of petitioner Michael Musacchio filed. (Distributed)Jun 22, 2015DISTRIBUTED for Conference of June 25, 2015.
Jun 29, 2015Petition GRANTED.
Jul 7, 2015The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 28, 2015.
Jul 7, 2015The time to file respondent's brief on the merits is extended to and including October 13, 2015.
Aug 28, 2015Joint appendix filed. (Statement of costs filed)Aug 28, 2015Brief of petitioner Michael Musacchio filed.
Oct 9, 2015SET FOR ARGUMENT on Monday, November 30, 2015
Oct 13, 2015Brief of respondent United States filed.
Oct 19, 2015Record requested from U.S.C.A. 5th Circuit.
Oct 27, 2015CIRCULATED
Nov 12, 2015Reply of petitioner Michael Musacchio filed. (Distributed)Nov 30, 2015Argued. 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, 2016Adjudged to be AFFIRMED. Thomas, J., delivered the opinion for a unanimous Court.
Feb 26, 2016Judgment Issued
Recommended Citation: Musacchio v. United States, SCOTUSblog, https://www.scotusblog.com/cases/musacchio-v-united-states/