No. 18-9596

Marc Groah v. United States

Lower Court: Ninth Circuit
Docketed: 2019-06-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: campfire campfire-restrictions criminal-citation criminal-liability due-process fair-notice federal-property fire-regulations national-park-service notice park-regulations
Key Terms:
DueProcess
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether Marc Groah had fair notice under the Due Process Clause that he could be held criminally liable for lighting or maintaining a campfire on Rodeo Beach

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. No section of the United States Code nor provision of the Code of Federal Regulations states that fires are prohibited on Rodeo Beach. Did Marc Groah nonetheless have fair notice under the Due Process Clause that he could be held criminally liable for lighting or maintaining a campfire on that beach? II. To convict Groah under 36 C.F.R. § 2.13(a)(1) for lighting or maintaining a fire on federal property, the government had to prove that Rodeo Beach was an area not designated for fires. The government’s proof on this element was a printout from the park website and testimony from a ranger that the rules on that website were in effect at the relevant time. Was this evidence sufficient? i

Docket Entries

2019-10-07
Petition DENIED.
2019-06-20
DISTRIBUTED for Conference of 10/1/2019.
2019-06-14
Waiver of right of respondent United States of America to respond filed.
2019-06-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 10, 2019)

Attorneys

Marc Groah
Todd M. BordenOffice of the Federal Public Defender, Petitioner
Todd M. BordenOffice of the Federal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent