No. 18-7609

Merlin Alston v. United States

Lower Court: Second Circuit
Docketed: 2019-01-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-924c 18-usc-926b criminal-law-enforcement-officer-exemption criminal-procedure drug-trafficking due-process firearm-possession firearms law-enforcement sentencing sentencing-guidelines statutory-interpretation
Key Terms:
DueProcess Securities
Latest Conference: 2019-02-22
Question Presented (AI Summary)

Is the conviction of a local police officer, required to carry a service pistol when off duty, excluded from prosecution for violating 18 U.S.C. 924(c) by 18 U.S.C. 926(b)?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is the conviction of a local police officer, required to carry a service pistol when off duty, excluded from prosecution for violating 18 U.S.C. 924(c) by 18 U.S.C. 926(b)? 2. Is a conviction for violating 18 U.S.C. 924(c) improper where the firearm is never publicly displayed, and the encounter involves a social dispute? 3. Did the Government’s (a) failure to sua sponte correct cooperator perjury on direct examination and (b) withhold proof that he violated his cooperation agreement by committing new crimes while at a Department of Justice detention facility deny Petitioner due process of law? 4. Did the Sentencing Court deny Petitioner due process of law by applying a Pre-Sentence Report (P.S.R.) which failed to apply Sentencing Guideline Amendment 794 addressing downward role adjustments, and applied enhancements for both “abuse of trust,” and “obstruction of justice,” even though Petitioner did not occupy a fiduciary position? i

Docket Entries

2019-02-25
Petition DENIED.
2019-02-07
DISTRIBUTED for Conference of 2/22/2019.
2019-02-04
Waiver of right of respondent United States to respond filed.
2018-12-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 27, 2019)

Attorneys

Merlin Alston
Roger Bennet Adler — Petitioner
Roger Bennet Adler — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent