No. 23-5898

Christian Hayward v. United States

Lower Court: Sixth Circuit
Docketed: 2023-10-27
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: criminal-procedure due-process equal-protection privacy-interest property-seizure search-and-seizure standing texas-v-brown united-states-v-place
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (from Petition)

1) DID THE LOWER COURT VIOLATE DUE PROCESS AND/OR EQUAL PROTECTION BY
FAILING BY FAILING TO RECOGNIZE THAT HAYWARD HAD A PRIVACY POSSESSORY
INTEREST IN THE SEIZED PROPERTY THEREBY SUPPORTING STANDING TO CHALLENGE
THE SEIZURE OF THE DUFFEL BAG PURSUANT TO PRECEDENT ESTABLISHED IN
UNITED STATES V. PLACE, 462 U.S. 696 (1983) IN CONJUNCTION WITH TEXAS
V. BROWN, 462 U.S. 730 (1983)?

2) DID THE COURT OF APPEALS VIOLATE DUE PROCESS WHEN IT TOTALLY FAILED
TO ADJUDICATE THE ISSUE SQUARELY BEFORE IT THAT THE OFFENSE LEVEL
DETERMINED PURSUANT TO THE GUIDELINES WAS IMPROPERLY CALCULATED IN
VIOLATION OF GALL V. UNITED STATES, 552 U.S. 38 (2007), WHICH THE
GOVERNMENT CONCEDED?

Question Presented (AI Summary)

Did the lower court violate due-process and/or equal-protection by failing to recognize Hayward's privacy-possessory-interest and standing to challenge the seizure

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-09
DISTRIBUTED for Conference of 12/1/2023.
2023-11-02
Waiver of right of respondent United States to respond filed.
2023-09-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 27, 2023)

Attorneys

Christian Hayward
Christian Hayward — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent