No. 20-5064

Tony Brown v. United States

Lower Court: Ninth Circuit
Docketed: 2020-07-15
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: due-process exculpatory-evidence Landgraf-v-USI-Film-Prods preindictment-delay prosecutorial-misconduct retroactivity rico-conspiracy statute-of-limitations witness-evidence
Key Terms:
DueProcess
Latest Conference: 2021-01-08 (distributed 2 times)
Related Cases: 20-5074 (Vide)
Question Presented (AI Summary)

Should the Ninth Circuit's interpretation of Lovasco be addressed?

Question Presented (OCR Extract)

Questions Presented for Review 1. In United States v. Lovasco, this Court delegated to the lower courts the responsibility to ““apply[] the settled principles of due process” to preindictment delay. Here, Petitioner was prosecuted in federal court for offenses that had been adjudicated by state courts /3 years earlier and after exculpatory witness statements had been destroyed. The Ninth Circuit nonetheless held that the delay did not violate due process. Should this Court address the Ninth Circuit’s interpretation of Lovasco? 2. In United States v. Richardson, the Third Circuit held that an amended statute of limitations does not apply retroactively in the absence of express congressional intent that it should. Although Richardson has never been overruled, its viability after this Court’s decision in Landgraf v. Usi Film Prods. has been questioned. Should this Court grant the writ to decide whether a statute of limitations should be applied retroactively in the absence of congressional intent? prefix IN THE SUPREME COURT OF THE UNITED STATES TONY BROWN, Petitioner, Vv UNITED STATES OF AMERICA, Respondent. PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Petitioner, Tony Brown, respectfully prays that a writ of certiorari issue to review the judgment of the United States Court of Appeals for the Ninth Circuit. Opinion Below The Ninth Circuit, in an unpublished memorandum, affirmed Petitioner’s convictions and sentences for RICO conspiracy, transportation of a minor to engage in criminal activity, and sex trafficking of minors.’ : A copy of the memorandum is attached as

Docket Entries

2021-01-11
Petition DENIED.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-21
Reply of petitioner Tony Brown filed. (Distributed)
2020-12-04
Brief of respondent United States in opposition filed.
2020-09-29
Motion to extend the time to file a response is granted and the time is further extended to and including December 4, 2020.
2020-09-28
Motion to extend the time to file a response from October 21, 2020 to December 4, 2020, submitted to The Clerk.
2020-09-16
Motion to extend the time to file a response is granted and the time is extended to and including October 21, 2020.
2020-09-15
Motion to extend the time to file a response from September 21, 2020 to October 21, 2020, submitted to The Clerk.
2020-08-21
Response Requested. (Due September 21, 2020)
2020-07-23
DISTRIBUTED for Conference of 9/29/2020.
2020-07-20
Waiver of right of respondent United States to respond filed.
2020-07-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 14, 2020)

Attorneys

Tony Brown
John C. LemonLaw Offices of John C. Lemon, APC, Petitioner
John C. LemonLaw Offices of John C. Lemon, APC, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent