No. 18-7609

Merlin Alston v. United States

Lower Court: Second Circuit
Docketed: 2019-01-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-924c 18-usc-926b criminal-law-enforcement-officer-exemption criminal-procedure drug-trafficking due-process firearm-possession firearms law-enforcement sentencing sentencing-guidelines statutory-interpretation
Latest Conference: 2019-02-22
Question Presented (from Petition)

1. Is the conviction of a local poli ce officer, required to carry a service pistol when off duty, excluded from prosecution for violating 18 U.S.C. 924(c) by 18 U.S.C. 926(b)?

2. Is a conviction for violati ng 18 U.S.C. 924(c) improper where the firearm is never publicly displayed, and the encounter involves a social dispute?

3. Did the Government's (a) failure to sua sponte correct cooperator perjury on direct examination and (b) withhold proof that he violated his cooperation agreement by committing new cr imes while at a Department of Justice detention facility deny Petitioner due process of law?

4. Did the Sentencing Court de ny Petitioner due process of law by applying a Pre-Sentence Report (P.S.R.) which failed to apply Sentencing Guideline Amendment 794 addressing do wnward role adjustments, and applied enhancements for both "abuse of trust," and "obstruction of justice," even though Petitioner did not occupy a fiduciary position?

Question Presented (AI Summary)

Is the conviction of a local police officer, required to carry a service pistol when off duty, excluded from prosecution for violating 18 U.S.C. 924(c) by 18 U.S.C. 926(b)?

Docket Entries

2019-02-25
Petition DENIED.
2019-02-07
DISTRIBUTED for Conference of 2/22/2019.
2019-02-04
Waiver of right of respondent United States to respond filed.
2018-12-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 27, 2019)

Attorneys

Merlin Alston
Roger Bennet Adler — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent