PETITION FOR WRIT OF CERTIORARI
The Petitioner respectfully prays that a writ of certiorari issue to review the judgment below.
The Opinion of the United States Court of Ap- peals for the Fifth Circuit is appended here as App. 1-
- The Jury Instructions from trial are appended here as App. 82-113 and the Jury Note is appended here as App. 114-115.
On May 18, 2012, the United States Court of Appeals for the Fifth Circuit entered its judgment and opinion affirming the district court’s judgment. United States v. Brooks, 681 F.3d 678 (5th Cir. 2012) App. 1-81. The jurisdiction of this Court is invoked under 28 U.S.C. § 1254(1).
STATUTORY PROVISIONS INVOLVED
7 U.S.C. § 13. Violations generally; punishment; costs of prosecution
(a) Felonies generally
It shall be a felony punishable by a fine of not more than $1,000,000 or imprisonment for not more than 10 years, or both, together with the costs of prosecution, for:
. . .
(2) Any person to manipulate or attempt to manipulate the price of any commodity in in- terstate commerce, or for future delivery on or subject to the rules of any registered enti- ty, or of any swap, or to corner or attempt to corner any such commodity or knowingly to deliver or cause to be delivered for transmis- sion through the mails or interstate com- merce by telegraph, telephone, wireless, or other means of communication false or mis- leading or knowingly inaccurate reports con- cerning crop or market information or conditions that affect or tend to affect the price of any commodity in interstate com- merce, or knowingly to violate the provisions of section 6, section 6b, subsections (a) through (e) of subsection 6c, section 6h, sec- tion 6o(1), or section 23 of this title.
18 U.S.C. § 371. Conspiracy to commit offense or to defraud United States
If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or impris- oned not more than five years, or both.
18 U.S.C. § 1343. Fraud by wire, radio, or television.
Whoever, having devised or intending to de- vise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representa- tions, or promises, transmits or causes to be transmitted by means of wire, radio, or tele- vision communication in interstate or foreign commerce, any writings, signs, signals, pic- tures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both.