John Paul Gosney, Jr. v. United States
DueProcess FifthAmendment FirstAmendment CriminalProcedure JusticiabilityDoctri
Whether United States v. Monsanto, 491 U.S. 600 (1989), and/or Kaley v. United States, 571 U.S. 320 (2014), should be overruled or at least modified
QUESTIONS PRESENTED I Whether United States v. Monsanto, 491 U.S. 600 (1989), and/or Kaley v. United States, 571 U.S. 320 (2014), should be overruled or at least modified. II If not inclined to reconsider Monsanto or Kaley, whether the Court should nonetheless vacate outright the ex parte restraint on the funds petitioner needs to retain trial counsel of choice or, at a minimum, remand for a hearing as to traceability, particularly when the government concedes that the restrained funds were neither listed in the indictment’s forfeiture count nor presented to the grand jury for a probable cause determination.