No. 20-7324

Malcolm Elbray Traywicks, Jr. v. United States

Lower Court: Tenth Circuit
Docketed: 2021-03-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law attorney-general controlled-substances-act delegation-of-power due-process prosecutorial-discretion scheduling-authority separation-of-powers
Latest Conference: 2021-04-01
Question Presented (from Petition)

Does the Congressional delegation of power to the Attorney General permitting scheduling of substances under the Controlled Substance Act violate due process when the Attorney General is vested with prosecuting offenses concerning the same scheduling of substances?

Question Presented (AI Summary)

Does the Congressional delegation of power to the Attorney General permitting scheduling of substances under the Controlled Substances Act violate due process when the Attorney General is vested with prosecuting offenses concerning the same scheduling of substances?

Docket Entries

2021-04-05
Petition DENIED.
2021-03-17
DISTRIBUTED for Conference of 4/1/2021.
2021-03-10
Waiver of right of respondent United States of America to respond filed.
Main Document
2021-02-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 5, 2021)
Motion for Leave to Proceed in Forma PauperisPetitionProof of ServiceAppendix

Attorneys

Malcolm ElbrayTraywicks, Jr.
Kyle Edward Wackenheim — Office of the Federal Public Defender for the Western District of Oklahoma, Petitioner
United States of America
Elizabeth B. Prelogar — Acting Solicitor General, Respondent