No. 18-7960

Andracos Marshall v. United States

Lower Court: Fourth Circuit
Docketed: 2019-02-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-forfeiture due-process fifth-amendment fourteenth-amendment honeycutt-v-united-states luis-v-united-states pretrial-restraint pretrial-seizure right-to-counsel sixth-amendment substitute-assets
Key Terms:
DueProcess
Latest Conference: 2019-03-15
Question Presented (AI Summary)

Whether the Government's pretrial criminal forfeiture and seizure of petitioner's untainted substitute assets under 853 has been invalidated based on Honeycutt v. United States and whether this pretrial seizure violated the petitioner's Fifth, Sixth, and Fourteenth Amendment rights to counsel of choice free of conflict in light of Luis v. United States

Question Presented (OCR Extract)

QUESTION(S) PRESENTED . I. This court has previously addressed the constitutionality of pretrial restraints and seizures of untainted substitute assets, holding that the untainted assets may not be seized and forfeited without violating the Fifth, and Fourteenth Amendments. This court has also held that the pretrial restraint of untainted substitute assets needed to retain counsel of choice violates the Sixth Amendment. This case presents the same issue: Whether the Government's pretrial criminal forfeiture and seizure of petitioner's untainted substitute assets under 853, has ; subsequently been invalidated based off this court's previous ; ‘ : decision in light of Honeycutt v. United States, 137 S.Ct. 1626 (2017), and whether this pretrial seizure of Petitioner's untainted substitute assets violated his Fifth,. Sixth, and Fourteenth Amendment right to counsel of choice free of conflict in light of Luis v. United States, 136° S.Ct. 1089 (2016). , 5 i rn

Docket Entries

2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-22
Waiver of right of respondent United States to respond filed.
2019-01-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 18, 2019)

Attorneys

Andracos Marshall
Andracos Marshall — Petitioner
Andracos Marshall — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent