No. 18-7977

James Mowery v. United States

Lower Court: Fifth Circuit
Docketed: 2019-02-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split civil-rights constitutional-rights due-process fifth-circuit first-amendment free-speech internet-access internet-restrictions packingham-precedent packingham-v-north-carolina social-media-access standing supervised-release
Key Terms:
FirstAmendment Immigration
Latest Conference: 2019-03-22
Question Presented (AI Summary)

Whether the Fifth Circuit has failed to apply the Supreme Court's ruling in Packingham v. North Carolina to supervised release Internet restrictions, thereby infringing on a defendant's constitutional rights

Question Presented (OCR Extract)

QUESTIONS PRESENTED I In Packingham v. North Carolina, 137 S. Ct. 1730 (2017), this Court found unconstitutional a criminal statute prohibiting sex offenders from accessing social media on the Internet. The Fifth Circuit has not applied Packingham in a supervised release revocation hearing context and has failed to see the broader application regarding supervised release Internet restrictions as infringing on defendant’s rights. i

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-28
Waiver of right of respondent United States to respond filed.
2019-02-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 18, 2019)

Attorneys

James Mowery
Michael Scott DavisFederal Public Defender's Office, Petitioner
Michael Scott DavisFederal Public Defender's Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent