How do we review the sufficiency of a charging instrument de novo?

MultiRegion, United States of America

The following excerpt is from United States v. Harris, No. 17-786-cr (2nd Cir. 2018):

We review the sufficiency of a charging instrument de novo. United States v. Geibel, 369 F.3d 682, 698 (2d Cir. 2004). When, as in this case, the defendant fails to object to a purported Rule 11 violation before the district court, we review for plain error. United States v. Youngs, 687 F.3d 56, 59 (2d Cir. 2012). In so doing, we assume the parties' familiarity with the facts and record of the prior proceedings, which we reference only as necessary to explain our decision to affirm the district court's decision.

Other Questions


In reviewing the application of a sophisticated means enhancement, what is the difference between a de novo review and a clear error review? (MultiRegion, United States of America)
Is a motion to dismiss an indictment based on charges of outrageous governmental conduct a question of law to be reviewed de novo? (MultiRegion, United States of America)
When reviewing the dismissal of a complaint for lack of subject matter jurisdiction, how do we review the factual findings and legal conclusions de novo? (MultiRegion, United States of America)
How does the US Supreme Court review challenges to the sufficiency of evidence de novo? (MultiRegion, United States of America)
When reviewing the sufficiency of evidentiary support for a conviction for sexual assault, is the evidence sufficient to support the conviction? (MultiRegion, United States of America)
Can a prosecutor's charging decision not to charge a defendant based on race, gender, race or denial of constitutional right be reviewed? (MultiRegion, United States of America)
Is a petitioner who has procedurally defaulted by not raising a claim on direct review or collateral review barred from raising it on collateral review? (MultiRegion, United States of America)
How do we review challenges to the sufficiency of evidence de novo? (MultiRegion, United States of America)
How does the US Supreme Court review challenges to the sufficiency of evidence de novo? (MultiRegion, United States of America)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.