No. 19-7737

Charles Wolfe v. United States

Lower Court: Eighth Circuit
Docketed: 2020-02-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: advice-of-counsel compliance-officer controlled-substance-analogue controlled-substance-analogue-act controlled-substance-analogue-enforcement-act criminal-defense fair-notice federal-evidence federal-rules-of-evidence federal-rules-of-evidence-403 industry-expert mens-rea statutory-interpretation vagueness
Key Terms:
AdministrativeLaw DueProcess Securities
Latest Conference: 2020-03-20
Question Presented (AI Summary)

When the 'advice of counsel' is an industry expert on the CSA and the Analogue Act, and was the petitioner's compliance officer, how can that defense be excluded when trying to prove a lack of mens rea?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. When the “advice of counsel” is an industry expert on the CSA and the Analogue Act, and was the petitioner’s compliance officer, how can that defense be excluded when trying to prove a lack of mens rea? 2. Did the Eighth Circuit err in holding that the District Court did not abuse its discretion under Federal Rules of Evidence 403, by excluding all evidence that petitioner retained attorney(s) and relied upon the advice of counsel in his dealings with alleged controlled substance analogues under the Controlled Substance Analogue Enforcement Act? 3. Does the phrase, “substantially similar” within the Controlled Substance Analogue Act allow unfair application and vagueness, by not affording citizens fair notice, while . allowing indiscriminate application and prosecution?

Docket Entries

2020-08-03
Rehearing DENIED.
2020-07-09
DISTRIBUTED.
2020-04-17
Petition for Rehearing filed.
2020-03-23
Petition DENIED.
2020-03-05
DISTRIBUTED for Conference of 3/20/2020.
2020-03-02
Waiver of right of respondent United States to respond filed.
2020-02-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 23, 2020)
2019-12-06
Application (19A634) granted by Justice Gorsuch extending the time to file until February 15, 2020.
2019-11-22
Application (19A634) to extend the time to file a petition for a writ of certiorari from December 17, 2019 to February 15, 2020, submitted to Justice Gorsuch.

Attorneys

Charles Wolfe
Charles Wolfe — Petitioner
Charles Wolfe — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent