No. 23-6643

Michael Joseph Pepe v. United States

Lower Court: Ninth Circuit
Docketed: 2024-02-01
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: commerce-clause criminal-intent criminal-law due-process federal-jurisdiction improper-purpose interstate-travel jurisdiction round-trip-doctrine stare-decisis travel
Key Terms:
Takings
Latest Conference: 2024-05-16 (distributed 2 times)
Question Presented (from Petition)

When a statute makes it a crime to travel in commerce or across state lines with an improper purpose or intent, can the government manufacture federal jurisdiction over local criminal activity by splitting a round trip taken for a wholly innocent purpose into two parts as to permit an inference that travel home was for an illegal purpose (as the Ninth Circuit held), or is that prohibited by Mortensen (as other circuits have held)?

2. When a statute criminalizes travel in commerce or across state lines with an improper purpose or intent, must that be the "dominant motive" of the travel (as Mortensen required), or is it enough that it was "a motivating purpose" (as the Ninth Circuit held)?

Question Presented (AI Summary)

When a statute makes it a crime to travel in commerce or across state lines with an improper purpose or intent, can the government manufacture federal jurisdiction over local criminal activity by splitting a round trip taken for a wholly innocent purpose into two parts as to permit an inference that travel home was for an illegal purpose (as the Ninth Circuit held), or is that prohibited by Mortensen (as other circuits have held)?

Docket Entries

2024-05-20
Petition DENIED.
2024-05-01
DISTRIBUTED for Conference of 5/16/2024.
2024-04-26
Reply of petitioner Michael Joseph Pepe filed.
2024-04-24
Brief of respondent United States in opposition filed.
2024-03-21
Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2024.
2024-03-20
Motion to extend the time to file a response from March 25, 2024 to April 24, 2024, submitted to The Clerk.
2024-02-22
Response Requested. (Due March 25, 2024)
2024-02-15
DISTRIBUTED for Conference of 3/1/2024.
2024-02-09
Waiver of right of respondent United States to respond filed.
2024-01-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2024)

Attorneys

Michael Joseph Pepe
James H. LocklinFederal Public Defender , Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent