No. 20-127

Douglas Jason Way v. United States

Lower Court: Ninth Circuit
Docketed: 2020-08-05
Status: Denied
Type: Paid
Response Waived
Tags: drug-analogue federal-regulation harmless-error knowledge knowledge-standard mcfadden-precedent ninth-circuit rebuttal state-law state-law-compliance
Key Terms:
FifthAmendment
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether the Ninth Circuit Court of Appeals contradicted the holding of McFadden v. United States 576 U.S. 186 (2015)

Question Presented (OCR Extract)

Questions Presented For Review 1. Whether the Ninth Circuit Court of Appeals contradicted the holding of McFadden v. United States 576 U.S. 186 (2015) by ruling irrelevant petitioner’s rebuttal, to government evidence of his implied knowledge of federal regulation of a drug analogue, that he was only aware of and complying with state law regulation of that substance. 2. Whether such error is never harmless error when it prohibits petitioner from offering a rebuttal to government evidence of his knowledge of federal regulation of a drug, through defense witnesses, by cross-examination of government witnesses, by admitting defense exhibits, by petitioner’s testimony, and through defense counsel summation. i

Docket Entries

2020-10-05
Petition DENIED.
2020-08-12
DISTRIBUTED for Conference of 9/29/2020.
2020-08-07
Waiver of right of respondent United States of America to respond filed.
2020-07-24
Petition for a writ of certiorari filed. (Response due September 4, 2020)

Attorneys

Douglas Jason Way
W. Scott Quinlan — Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent