No. 18-6127

Timothy Warren Vallier v. United States

Lower Court: Sixth Circuit
Docketed: 2018-09-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: anonymous-speech civil-procedure civil-rights due-process first-amendment free-speech jurisdiction online-speech patent standing takings
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Does the First Amendment protect the right to engage in anonymous online speech?

Question Presented (OCR Extract)

ISSUES PRESENTED L The 6th Circuit Court of Appeals issued it's opinion on February 20, 2018, and on June 18, 2018 this Honorable Court entered it's judgement in Rosales-Mireles, Slip op 16-9493, allowing for unpreserved guideline calculation errors to be reviewed under Plain Error standards and the petitioner at bar asserts his guidelines were calculated in error where he was not.considered for a three (3) point reduction under §2X1.1. IL The Circuit Courts are split as to the correct method for determination whether an image depicts a lascivious exhibition of a child's genitals or pubic area. The first, third, and fifth circuits make an "objective inquiry" relying on the "four corners rule," while ; the sixth, eighth, and nineth circuits use extrinsic” evidence and includes the intent of the producer. The resulting difference leads to manifest injustice where defendants convictions are reversed in some circuits (U.S. v. Steen, 634 F3d 822 (5th Cir. 2011) or receive substantial sentences like the petitioner at bar for nearly identical conduct. : i : PARTIES TIMOTHY WARREN VALLIER REG. NO. 21221-040 F.C.1I. ELKTON P.O. BOX 10 _ LISBON, OHIO 44432 Petitioner MR. NOEL J. FRANCISCO UNITED STATES DEPARTMENT OF JUSTICE 950 PENNSYLVANIA AVE NW WASHINGTON D.C. 20530-0001 Solicitor General . TESSA K. HESSMILLER U.S. ATTORNEY (GRAND RAPIDS, MI) THE LAW BUILDING : 300 IONIA AVE NW P.O: BOX: 208. GRAND RAPIDS, MI 49501-0208 Prosecutor ‘ Li

Docket Entries

2018-10-29
Petition DENIED.
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-10-03
Waiver of right of respondent United States to respond filed.
2018-07-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 29, 2018)
2018-05-25
Application (17A1310) granted by Justice Kagan extending the time to file until July 20, 2018.
2018-05-18
Application (17A1310) to extend the time to file a petition for a writ of certiorari from May 21, 2018 to July 20, 2018, submitted to Justice Kagan.

Attorneys

Timothy Warren Vallier
Timothy Warren Vallier — Petitioner
Timothy Warren Vallier — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent