No. 22-1065

John Paul Gosney, Jr. v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-05-02
Status: Denied
Type: Paid
Response Waived
Tags: asset-forfeiture asset-restraint counsel-of-choice criminal-procedure due-process ex-parte-order forfeiture-statute grand-jury right-to-counsel traceability
Latest Conference: 2023-06-01
Question Presented (from Petition)

I
Whether United States v. Monsanto, 491 U.S. 600
(1989), and/or Kaley v. United States, 571 U.S. 320
(2014), should be overruled or at least modified.

II
If not inclined to reconsider Monsanto or Kaley,
whether the Court should nonetheless vacate outright
the ex parte restraint on the funds petitioner needs to
retain trial counsel of choice or, at a minimum, remand
for a hearing as to traceability, particularly when the
government concedes that the restrained funds were
neither listed in the indictment's forfeiture count nor
presented to the grand jury for a probable cause determination.

Question Presented (AI Summary)

Whether United States v. Monsanto, 491 U.S. 600 (1989), and/or Kaley v. United States, 571 U.S. 320 (2014), should be overruled or at least modified

Docket Entries

2023-06-05
Petition DENIED.
2023-05-16
DISTRIBUTED for Conference of 6/1/2023.
2023-05-11
Waiver of right of respondent United States to respond filed.
2023-04-28

Attorneys

John Paul Gosney, Jr.
Howard Milton SrebnickBlack Srebnick, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent