No. 22-7282

David William Linder v. Brian Lammer, Warden

Lower Court: Seventh Circuit
Docketed: 2023-04-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: analogue-drugs controlled-substances criminal-procedure drug-statute federal-cases jury-instructions mens-rea standing supreme-court-rule-14.1(b)
Key Terms:
HabeasCorpus
Latest Conference: 2023-05-11
Question Presented (from Petition)

Can the drug death statute, 21 § 841(b)(1)(C) be enlarged to include analogue drugs?

Can a McFadden review of a defendant's mens rea be performed by only checking jury instructions?

Question Presented (AI Summary)

Can the drug death statute, 21 § 841(b)(1)(c) be enlarged to include analogue drugs?

Docket Entries

2023-05-15
Petition DENIED.
2023-04-26
DISTRIBUTED for Conference of 5/11/2023.
2023-04-20
Waiver of right of respondent United States to respond filed.
2023-01-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 15, 2023)
2022-11-08
Application (22A412) granted by Justice Barrett extending the time to file until January 21, 2023.
2022-11-02
Application (22A412) to extend the time to file a petition for a writ of certiorari from November 22, 2022 to January 21, 2023, submitted to Justice Barrett.

Attorneys

David Linder
David William Linder — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent