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ROGERS v. UNITED STATES

No. 96-1279.

522 U.S. 252 (1998)

ROGERS v. UNITED STATES

United States Supreme Court.

Decided January 14, 1998.

Attorney(s) appearing for the Case

Javier H. Rubinstein argued the cause for petitioner. With him on the briefs were James D. Holzhauer, Robert M. Dow, Jr., Gary S. Feinerman, and Richard C. Klugh.

Jonathan E. Nuechterlein argued the cause for the United States. With him on the brief were Acting Solicitor General Waxman, Acting Assistant Attorney General Keeney, Deputy Solicitor General Dreeben, and Louis M. Fischer.

Stevens, J., announced the decision of the Court and delivered an opinion, in which Thomas, Ginsburg, and Breyer, JJ., joined. O'Connor, J., filed an opinion concurring in the result, in which Scalia, J., joined, p. 259. Kennedy, J., filed a dissenting opinion, in which Rehnquist, C. J., and Souter, J., joined, p. 260.

Justice Stevens announced the decision of the Court and delivered an opinion, in which Justice Thomas, Justice Ginsburg, and Justice Breyer join.

We granted certiorari, 520 U.S. 1239 (1997), to decide whether a district court's failure to instruct the jury on an element of an offense is harmless error where, at trial, the defendant admitted that element. Because we have concluded that the question is not fairly presented by the record, we dismiss the writ as improvidently...

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