No. 18-8463

Douglas A. Dyer v. United States

Lower Court: Sixth Circuit
Docketed: 2019-03-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review circuit-court civil-procedure civil-remedy criminal-procedure double-jeopardy kokesh-v-sec sec sec-disgorgement sixth-circuit supreme-court-interpretation
Key Terms:
FifthAmendment Securities
Latest Conference: 2019-04-18
Question Presented (AI Summary)

Whether the United States Court of Appeals for the Sixth Circuit erred in determining that the United States Supreme Court case of Kokesh v. SEC was narrowly tailored and that Petitioner's Double Jeopardy rights had not been violated

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1 Whether the United States Court of Appeals for the Sixth Circuit erred in determining that the United States Supreme Court case of Kokesh v. SEC, 137 S. Ct. 1635, 198 L. Ed. 2d 86 (2017) was natrowly tailored to a specific situation and holding that Petitioner’s Double Jeopardy rights had not been violated? IL. Whether the United States Court of Appeals for the Sixth Circuit erred in determining that the United States Supreme Court case of Kokesh v. SEC, 137 S. Ct. 1635, 198 L. Ed. 2d 86 (2017) did not overrule cases from other Circuit Courts of Appeal and adopted the reasoning of those cases that SEC disgorgement can only be a civil remedy? i

Docket Entries

2019-04-22
Petition DENIED.
2019-04-03
DISTRIBUTED for Conference of 4/18/2019.
2019-03-28
Waiver of right of respondent United States to respond filed.
2019-03-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 18, 2019)

Attorneys

Douglas A. Dyer
Mark Edwin BrownMenefee & Brown, P.C., Petitioner
Mark Edwin BrownMenefee & Brown, P.C., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent