Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 31 Conference; we do not expect the Justices to issue any decisions on the merits.
Our list of "Petitions to watch for that Conference is here.

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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