No. 22-6338

Lucas Michael McNulty-Snodgrass v. United States

Lower Court: Eighth Circuit
Docketed: 2022-12-19
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: commerce-clause congressional-intent contraband drug-possession federal-preemption federalism jurisdictional-conflict Question not identified. separation-of-powers state-sovereignty
Key Terms:
DueProcess FifthAmendment Takings Securities
Latest Conference: 2023-02-24 (distributed 2 times)
Question Presented (from Petition)

1.) "Since methamphetamine and fentanyl, i.e., illicit drugs et al., are considered "contraband," and contraband is not
'considered a proper article of commerce protected by the Commerce Clause (U.S. Const. Art. 1, Sec. 8, Cl. 3), then how is the
United States Department of Justice, i.e., Executive Branch, and the United States Federal courts, i.e., Judicial Branch, using
the Commerce Clause as [their] requisite jurisdictional means to prosecute and preside over illicit drug possession contraband
crimes, committed solely within the territorial jurisdiction of the State of lowa, when the United States Congress, i.e., Legislative
Branch, has explicitly enacted substantive statutory Federal Law 21 U.S.C. Section 903, which prescribes Congressional 'intent'
concerning the occupation and control of illicit drug possession contraband crimes committed solely within the territorial
jurisdiction of the [States], which, provides that, '[NJo provision of this subchapter shall be construed as indicating an intent on
the part of Congress to occupy the field in which that provision operates, including criminal penalties, to the exclusion of any
State law on the same subject matter which would otherwise be within the authority of the State, UNLESS there is a positive
conflict between that provision of this subchapter and that State law so that the two cannot consistently stand

together.' [?]" (emphasis added)

2.) "Since the United States Congress, i.e., Legislative Branch, has no 'intent' to occupy or control the field of illicit drug .
possession contraband crimes committed solely within the authority, i.e., territorial jurisdiction of the [States], '[iJncluding
criminal penalties,| UNLESS the [State], e.g., State of lowa, illicit drug possession contraband law, i-e., |.C.A. Sections 124.101
to 124.602, conflicts with the Federal law, i.e., 21 U.S.C. Sections 801 to 904, then why is the United States Department of..."
Justice, i.e., Executive Branch, violating Congressional substantive statutory 'intent' and the United States Constitution's Article
l!, Section 3, 'Faithfully Executed Clause, 'i.e., '[s]hall take Care that the Laws be faithfully executed,' that further violates Article
IV, Section 1, 'Full Faith and Credit Clause,' i.e., '[s]hall be given to each State to the public Acts, Records, and judicial :

_ Proceedings,' that clearly violates Article IV, Section 4, '[T]he Guarantee Clause," i.e., '[s]hall guarantee to every State in this
Union a Republican Form of Government,' that each State govern and protect its own citizens; and why is the United States
Federal Courts, i.e., Judicial Branch, presiding over these proceedings for want of jurisdiction and allowing this to happen, all in
violation of [their] bound Oath to support the United States Constitution pursuant to 5 U.S.C. 3331, which is treason to the
United States Constitution (usurping jurisdiction that which is not given), but not limited to, treason against every State in this
Union, e.g., the State of lowa [?]" (emphasis added)

3.) "Since the United States Federal Courts, i.e., Judicial Branch, in general, cannot take a blue pencil to statutes, because to
do so viol

Question Presented (AI Summary)

Whether the United States Department of Justice and Federal courts have jurisdiction to prosecute illicit drug possession crimes committed solely within a state's territorial jurisdiction, given Congress' intent in 21 U.S.C. 903 to not occupy the field

Docket Entries

2023-02-27
Petition DENIED.
2023-02-09
DISTRIBUTED for Conference of 2/24/2023.
2023-01-26
DISTRIBUTED for Conference of 2/17/2023.
2023-01-10
Waiver of right of respondent United States to respond filed.
2022-11-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 18, 2023)

Attorneys

Lucas McNulty-Snodgrass
Lucas McNulty-Snodgrass — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent