No. 21-6722

Daniel Dario Trevino v. United States

Lower Court: Sixth Circuit
Docketed: 2021-12-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: commerce-clause congressional-power controlled-substances-act due-process federalism interstate-commerce legal-landscape marijuana-regulation medical-marijuana standing-akimbo state-legalization
Key Terms:
JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Should this court reconsider its decision in Gonzales and determine that Congress cannot regulate solely intrastate marijuana distribution due to the massively changed landscape regarding marijuana legality as opined in Justice Thomas' concurrence in Standing Akimbo?

Question Presented (OCR Extract)

QUESTIONS PRESENTED SHOULD THIS COURT RECONSIDER ITS DECISION IN GONZALES AND DETERMINE THAT CONGRESS CANNOT REGULATE SOLELY INTRASTATE MARIJUANA DISTRIBUTION DUE TO THE MASSIVELY CHANGED LANDSCAPE REGARDING MARIJUANA LEGALITY AS OPINED IN JUSTICE THOMAS’ CONCURRENCE IN STANDING AKIMBO? WHERE THE DEFENDANT IS SELLING MARIJUANA ONLY TO MEDICAL MARIJUANA PATIENTS IN A STATE WHERE MEDICAL MARIJUANA IS LEGAL; HAS THE LEGAL LANDSCAPE SO CHANGED THAT A NAKED RELIANCE ON THE GUIDELINES IS OBJECTIVELY UNREASONABLE? SHOULD THE GOVERNMENT BEEN BARRED FROM SUMMARIZING THE DATA FROM THE BUD TENDER SHEETS IN SUCH A MANNER THAT THE JURY WAS GIVEN DETAILS AS TO AMOUNTS AND DOLLARS BY SOMEONE WHO HAD NO FIRSTHAND KNOWLEDGE REGARDING THE FORMS THAT SHE WAS REVIEWING? i

Docket Entries

2022-02-22
Petition DENIED.
2022-01-13
DISTRIBUTED for Conference of 2/18/2022.
2022-01-05
Waiver of right of respondent United States of America to respond filed.
2021-12-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 24, 2022)

Attorneys

Daniel Dario Trevino
Suzanne Carol SchuelkeFriedman Legal Solutions, PLLC, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent