No. 23-6716

Tommy Lee Walker v. United States

Lower Court: Ninth Circuit
Docketed: 2024-02-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2nd-amendment criminal-procedure due-process firearm-interstate-commerce interstate-commerce jury-instruction jury-instructions sixth-amendment speedy-trial-act standing
Key Terms:
Privacy
Latest Conference: 2024-03-01
Question Presented (from Petition)

1. Where the firearm at issue was manufactured in California and found in
a home in Califo rnia, did the district court err by refusing to give a
requested defense instruction that required the jury to find Mr. Walker
knew that the gun had traveled in or affected interstate or foreign
commerce before it could convict him for violating 18 U.S.C. § 922(g)?

2. Does the Ninth Circuit's interpreta tion of the Speedy Trial Act allow
trial courts to circum vent the speedy trial guarantee in the Sixth
Amendm ent and the Act by givin g them authority to indefinitely suspend
jury trials based on local orders and subjective safety concerns without
making defendant-specific findings justifying the exclusions of tim e?

Question Presented (AI Summary)

Where the firearm at issue was manufactured in California and found in a home in California, did the district court err by refusing to give a requested defense instruction that required the jury to find Mr. Walker knew that the gun had traveled in or affected interstate or foreign commerce before it could convict him for violating 18 U.S.C. § 922(g)?

Docket Entries

2024-03-04
Petition DENIED.
2024-02-15
DISTRIBUTED for Conference of 3/1/2024.
2024-02-13
Waiver of right of respondent United States to respond filed.
2024-02-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2024)

Attorneys

Tommy Lee Walker
Ann Catherine McClintockFederal Defender's Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent