Post-argument letters filed in United States v. Auernheimer

Readers who are following United States v. Auernheimer, the Third Circuit appeal I am participating in that was argued on March 19, might be interested in the two rounds of supplemental letters that have followed the argument. The letters concern the proper post-conviction remedy when the government fails to prove venue in a criminal trial. The government filed both letters under Rule 28(j), so both the letters and responses are limited to 350 words.

The government’s initial letter is here, and our response is here. The government’s subsequent letter is here, and our response is here.

Orin Kerr is the Fred C. Stevenson Research Professor at The George Washington University Law School, where he has taught since 2001. He teaches and writes in the area of criminal procedure and computer crime law.

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