No. 18-5831

Willie Riley Curry v. United States

Lower Court: Sixth Circuit
Docketed: 2018-08-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment 6th-circuit age-of-victim byrd-v-united-states carpenter-v-united-states criminal-procedure due-process fourth-amendment gvr plain-error scienter search-and-seizure sixth-circuit-review statutory-interpretation
Latest Conference: 2018-10-05
Question Presented (from Petition)

The Fourth Amendment has continuously been applied to cases like the one here. The Sixth Circuit failed to follow that jurisprudence. Does Carpenter and Byrd require a GVR in this case?

The Sixth Circuit acknowledged that the analyst who tested the ostensible DNA did not testfify at Curry's trial, but since Curry's trial counsel failed to object plain-error applied. Does Rosales-Mireles require a GVR?

This Court's recent decision in Montomery v. Louisiana demonstrates the significance of "age to a criminal offense. Curry was charged under 18 U.S.C. 1591, where the Government was required to prove Curry "knew" the age of the girls. The Government, however, knew that it could not do so and instead sought refuge in § 1591(c) which permits the Government to rely on a lower scienter requirement even though it was not charged. Does such an usurpation survive a due process challenge?

Question Presented (AI Summary)

Does Carpenter and Byrd require a GVR in this case?

Docket Entries

2018-10-09
Petition DENIED.
2018-09-13
DISTRIBUTED for Conference of 10/5/2018.
2018-09-06
Waiver of right of respondent United States to respond filed.
2018-07-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2018)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Willie Riley Curry
Willie Riley Curry — Petitioner