No. 25-7165

Price Montgomery v. United States

Lower Court: Third Circuit
Docketed: 2026-04-09
Status: Pending
Type: IFP
IFP
Tags: alleyne-violation federal-crime murder-sentencing obstruction-of-justice prosecutorial-delegation wiretap-authority
Latest Conference: N/A
Question Presented (from Petition)

1. Whether 18 U.S.C. § 1512(a)(1)(C), which criminalizes killing a person with intent to prevent them from telling authorities about a federal crime, necessarily involves murder, as the Third Circuit found, or whether it can also be committed through manslaughter, as the statute explicitly contemplates.

2. Even if § 1512(a)(1)(C) necessarily involves murder, whether charging and convicting someone of second-degree murder—which carries no mandatory minimum—but then sentencing them for first-degree murder—which carries mandatory life imprisonment—violates Alleyne v. United States, 570 U.S. 99 (2013).

3. Whether a state or local jurisdiction's chief prosecutor may delegate authority to apply for wiretaps under Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. § 2510 et seq. (Incorporated from petition for a writ of certiorari in James Perrin v. United States, No. 25A935, permanent case number pending)

Question Presented (AI Summary)

Whether 18 U.S.C. § 1512(a)(1)(C) can be committed through manslaughter rather than necessarily requiring murder, whether sentencing for first-degree murder based on a second-degree murder conviction violates Alleyne v. United States, and whether a state or local chief prosecutor may delegate wiretap authority under Title III of the Omnibus Crime Control and Safe Streets Act

Docket Entries

2026-04-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 11, 2026)
2026-02-23
Application (25A938) granted by Justice Alito extending the time to file until April 1, 2026.
2026-02-19
Application (25A938) to extend the time to file a petition for a writ of certiorari from March 2, 2026 to April 1, 2026, submitted to Justice Alito.

Attorneys

Price Montgomery
Evan J. AustinOffice of the Federal Public Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent