No. 18-8382

Guy Ennis Smith v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-03-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-law coram-nobis criminal-procedure due-process first-amendment fourth-circuit free-speech military military-medals ninth-circuit speech-restrictions standing stolen-valor-act supreme-court-precedent
Key Terms:
FirstAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Whether this Court's decision in United States v. Alvarez has any effect on the subsection that criminalized the unauthorized wearing of military medals

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether this Court’s decision in United States v. Alvarez, 132 S. Ct. 2357 (2012), which found the false speech and writing subsection of the Stolen Valor Act, 18 U.S.C. § 704(b), unconstitutional, has any effect on the subsection that criminalized the unauthorized wearing of military medals, 18 U.S.C. § 704(a). The Fourth and Ninth Circuits have held that there is an effect, and this case presents those questions for this Court. See United States v. Hamilton, 699 F. 3d 356 (4th Cir. 2012); United States v. Swisher, 811 F.3d 299 (9th Cir. 2016) (en banc). Whether the lower courts threshold determination of a present harm or collateral consequence to satisfy the Writ of Error Coram Nobis, conflicts with this Court’s threshold determination of harm or collateral consequence in Morgan. i

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-20
Waiver of right of respondent United States to respond filed.
2019-03-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 11, 2019)

Attorneys

Guy Smith
Ali KamalzadehOffice of the Federal Defender, Petitioner
Ali KamalzadehOffice of the Federal Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent