No. 18-5831

Willie Riley Curry v. United States

Lower Court: Sixth Circuit
Docketed: 2018-08-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment 6th-circuit age-of-victim byrd-v-united-states carpenter-v-united-states criminal-procedure due-process fourth-amendment gvr plain-error scienter search-and-seizure sixth-circuit-review statutory-interpretation
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2018-10-05
Question Presented (AI Summary)

Does Carpenter and Byrd require a GVR in this case?

Question Presented (OCR Extract)

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: ;

Docket Entries

2018-10-09
Petition DENIED.
2018-09-13
DISTRIBUTED for Conference of 10/5/2018.
2018-09-06
Waiver of right of respondent United States to respond filed.
2018-07-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2018)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Willie Riley Curry
Willie Riley Curry — Petitioner