No. 24-5437

Carlos Demond Robinson v. Sean Janson, Warden

Lower Court: Fourth Circuit
Docketed: 2024-09-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-challenge criminal-defendant declaratory-relief judicial-review statutory-interpretation unit-of-prosecution
Latest Conference: 2024-10-11
Question Presented (from Petition)

1.) Whether a criminal defendant should be allowed to seek
judicial review of a criminal statute for constitutional
infringement if he seeks only declaratory relief and not
relief from his conviction

2.) Is the Unit of Prosecution for an offense Under 18 U.S.C.
924(c) the use and carry of the Firearm or the Underlying
federal c rime.

Question Presented (AI Summary)

Whether a criminal defendant can seek judicial review of a criminal statute's constitutionality through declaratory relief without challenging a specific conviction

Docket Entries

2024-10-15
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition. See 28 U. S. C. §455(b)(3) and Code of Conduct for Justices of the Supreme Court of the United States, Canon 3B(2)(e) (prior government employment).
2024-09-19
DISTRIBUTED for Conference of 10/11/2024.
2024-09-12
Waiver of Sean Janson, Warden of right to respond submitted.
2024-09-11
Waiver of right of respondent Sean Janson, Warden to respond filed.
2024-07-30
Application (24A43) granted by The Chief Justice extending the time to file until November 1, 2024.
2024-07-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 3, 2024)
2024-06-25
Application (24A43) to extend the time to file a petition for a writ of certiorari from September 2, 2024 to November 1, 2024, submitted to The Chief Justice.

Attorneys

Carlos D. Robinson
Carlos Robinson — Petitioner
Sean Janson, Warden
Elizabeth B. PrelogarSolicitor General, Respondent