No. 24-5497

Michael Scott Hoover v. United States

Lower Court: Fourth Circuit
Docketed: 2024-09-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process evidentiary-hearing judicial-review reversible-error
Latest Conference: 2024-10-11
Question Presented (from Petition)

Is the clause in 18 USC. §2235 that produces or transmitted using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce, thereby any means of facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or on a facility used in interstate or foreign commerce (emphasis added), and if so, what if anything close, are my twig constructions to go as hoe lad no attempt to prove knew or had reason to know that he visual depiction would be transported or transmitted?

During my trial, propensity evidence as allowed by the district court under Federal Rule of Evidence 404(b) for alleged conduct proscribed under chapter 0 with a 17 year-old and did any allowance violate Rule 404 which states, We Plot of "child and child molestation, In his rule and Rule 4s (b) child means a person below the age of ee?

Are the presented (Contld) that a Sentencing argument must be made that re dichaser calls Spled in consider the nese tte audi unwartantee! Sentence disparities to presve the issue Le oppeiale ceutew' propel, and if so wldS he octual argument by ey counse/ in the Serr-excing emocaaduin phat the guidelines ploe ouecty-haeh Par 269.1 ancl others Siarilanly Situated syese given fs bshoatiady Inte Sentai than he gant ine fang SuFPiutad fo pekerue he argument, or tn the afernative, aS a plain-ertoc teurews appropriate uncer Ye Catcumstraces?

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Question Presented (AI Summary)

Whether a state court's failure to provide a substantive evidentiary hearing violates a criminal defendant's due process rights and constitutes reversible error

Docket Entries

2024-10-15
Petition DENIED.
2024-09-19
DISTRIBUTED for Conference of 10/11/2024.
2024-09-16
Waiver of right of respondent United States to respond filed.
2024-08-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 9, 2024)
2024-08-27
Application (24A196) granted by The Chief Justice extending the time to file until October 14, 2024.
2024-08-09
Application (24A196) to extend the time to file a petition for a writ of certiorari from August 15, 2024 to October 14, 2024, submitted to The Chief Justice.

Attorneys

Michael Hoover
Michael Scott Hoover — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent