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