No. 21-6821

Francis Schaeffer Cox v. United States

Lower Court: Ninth Circuit
Docketed: 2022-01-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: conspiracy-liability contingent-conspiracy criminal-intent federal-employees federal-jurisdiction feola-test martial-law stalinesque-martial-law subjective-belief sufficiency-challenge
Key Terms:
JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (from Petition)

1. Whether a contingent conspiracy may be based on a condition outside the conspirators' control that they subjectively believed was likely to occur, even if the condition was not just unlikely but highly unlikely to ever occur?

2. Whether federal jurisdiction exists for a conspiracy to murder federal employees where "the object of the intended attack [was] not identified with sufficient specificity so as to give rise to the conclusion that had the attack been carried out the victim would have been a federal [employee]," thereby falling short of the jurisdictional test articulated in Feola v. United States, 420 U.S. 671, 695–96 (1975)?

Question Presented (AI Summary)

Whether a contingent conspiracy may be based on a condition outside the conspirators' control that they subjectively believed was likely to occur, even if the condition was not just unlikely but highly unlikely to ever occur?

Docket Entries

2022-02-22
Petition DENIED.
2022-01-20
DISTRIBUTED for Conference of 2/18/2022.
2022-01-14
Waiver of right of respondent United States to respond filed.
2022-01-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2022)

Attorneys

Francis Schaeffer Cox
Michael FilipovicFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent