Willie Riley Curry v. United States
DueProcess FourthAmendment
Does Carpenter and Byrd require a GVR in this case?
Questions Presented The Fourth Amendment has continuousl i to cases like the one here. The sixth cine ns failed to follow that jurisprudence. Does Carpenter and Byrd require a GVR in this case? warpentst Se ese ; The Sixth Circuit acknowledged that the analyst who tested the ostensible DNA did not testfify at Curry's trial, but since Curry's trial counsel failed to object plain-error applied. Does Rosales-Mireles : require a GVR? : This Court's recent decision in Montgomery v. Louisiana demonstrates the significance of “age” to a criminal offense. Curry was charged under 18 U.S.C. 1591, where : the Government was required to prove Curry "knew" the age of the girls. The Government, however, knew that it could not do so and instead sought. refuge in § 1591(c) which permits the Government to rely on a lower scienter : requirement even though it was not charged. Does such an ; usurpation survive a due process challenge? © : : -i: ;