No. 24-6259

Kenneth Wayne Gilmore v. United States

Lower Court: Eighth Circuit
Docketed: 2025-01-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act due-process fifth-amendment marijuana-probable-cause search-warrant sixth-amendment
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2025-02-21
Question Presented (from Petition)

1. Whether the isolated smell of marijuana--a drug
that is legal for recreational use in many states and
legal for medicinal use in the state of Arkansas--is
sufficient probable cause for the issuance of a warrant
to search one's residence.

2. Whether Petitioner's conviction for 922(g)(1) should
be reversed since, even if a search warrant truly was
sought by Arkansas police offices and issued by a judge
(the evidence on this point is from from certain), the
police officers actions violated Petitioner's 5th and
14th Amendment rights to Due Process of Law

3. Whether, in light of this Court's recent precedent (i.e., Erlinger v. United States, 2024 U.S. Lexis 2715
(2024) (holding that the Fifth and Sixth Amendment
requires a unanimous jury to make the determination
beyond a reasonable doubt that a defendant's past offenses
were committed on separate occasions), Petitioner must
be resentenced without the Armed Career Criminal Act
(ACCA) enhancement since his judge rather than his
jury made the finding that Petitioner's three priors
were committed on separate occasions.

Question Presented (AI Summary)

Whether the isolated smell of marijuana is sufficient probable cause for a search warrant; Whether Petitioner's conviction should be reversed due to alleged Due Process violations; Whether recent Supreme Court precedent requires resentencing without ACCA enhancement

Docket Entries

2025-02-24
Petition DENIED.
2025-01-23
DISTRIBUTED for Conference of 2/21/2025.
2025-01-17
Waiver of United States of right to respond submitted.
2025-01-17
Waiver of right of respondent United States to respond filed.
2024-12-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2025)

Attorneys

Kenneth Wayne Gilmore
Kenneth Wayne Gilmore — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent