No. 20-8361

Josh Small and Joni Amber Johnson v. United States

Lower Court: Sixth Circuit
Docketed: 2021-06-21
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: commerce-clause criminal-law criminal-prosecution federal-jurisdiction interstate-commerce jurisdictional-element kidnapping kidnapping-statute statutory-interpretation
Latest Conference: 2021-09-27
Question Presented (from Petition)

18 U.S.C. § 1201 (the federal kidnapping statute) requires, as an element, a nexus between the kidnapping and interstate commerce, Does a purely local home invasion satisfy this jurisdictional element when the only interstate commerce or travel involved does not occur when a victim is held for "ransom, reward, or otherwise," but instead occurs days before and after the invasion? Petitioners submit it is beyond Congress's Commerce Clause authority for the federal kidnapping statute to capture a purely intrastate crime with so attenuated an interstate nexus. The Sixth Circuit's decision below vastly expands the scope of the Commerce Clause for criminal prosecutions such that several purely state crimes may now be prosecuted federally.

Question Presented (AI Summary)

Does a purely local home invasion satisfy the interstate commerce nexus element of the federal kidnapping statute?

Docket Entries

2021-10-04
Petition DENIED.
2021-07-01
DISTRIBUTED for Conference of 9/27/2021.
2021-06-24
Waiver of right of respondent United States of America to respond filed.
2021-06-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 21, 2021)

Attorneys

Josh Small, et al.
Kevin Michael SchadOffice of the Federal Public Defender, Petitioner
Gregory Adam NapolitanoLaufman Napolitano, LLC, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent