No. 19-8464

Jamal Mitchell, aka Boo v. United States

Lower Court: Fourth Circuit
Docketed: 2020-05-14
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: ancillary-proceeding civil-procedure direct-appeal due-process forfeiture-order intervening-change-in-law rule-41g rule-60b standing
Key Terms:
Immigration
Latest Conference: 2021-05-13 (distributed 2 times)
Question Presented (from Petition)

I. Does an order has to be first challenged on direct appeal
before the order can be later challenged in an ancillary-
proceeding based on an intervening change in law?

II. Can Rule 41(g) of the Federal Rules of Criminal Procedure
or Rule 60(b) of the Federal Rules of Civil Procedure be
invoked to challenge aspects of a forfeiture order?

III. Did the Court's decision in Honeycutt pose a jurisdictional
contraint on the government's authority and a court's
competence to seek and order forfeiture of property that has
no connection to a crime?

Question Presented (AI Summary)

Does an order have to be first challenged on direct appeal before the order can be later challenged in an ancillary proceeding based on an intervening change in law?

Docket Entries

2021-05-17
Rehearing DENIED.
2021-04-27
DISTRIBUTED for Conference of 5/13/2021.
2020-06-16
Petition for Rehearing filed.
2020-06-08
Petition DENIED.
2020-05-20
DISTRIBUTED for Conference of 6/4/2020.
2020-05-18
Waiver of right of respondent United States to respond filed.
2020-05-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 15, 2020)

Attorneys

Jamal Mitchell
Jamal Mitchell — Petitioner
United States
Noel John FranciscoJones Day, Respondent