No. 22-5196

Malik Holloway v. United States

Lower Court: Second Circuit
Docketed: 2022-07-27
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-law due-process federal-courthouse federal-courts mens-rea statutory-interpretation vagueness-doctrine void-for-vagueness weapon-possession
Key Terms:
AdministrativeLaw
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether 18 U.S.C. §930(e)(1) is unconstitutionally vague

Question Presented (from Petition)

QUESTION PRESENTED Petitioner was convicted of violating his conditions of supervised release based on his commission of a federal crime, i.e., a violation of 18 U.S.C. §930(e)(1) (prohibiting the possession of a “dangerous weapon” in a federal court facility). Section 930(g)(2) defines a “dangerous weapon” as a “device, instrument, material, or substance, animate or inanimate, that ...is readily capable of, causing death or serious bodily injury,” but contains no mens rea requirement that the possessor of the device or instrument do so with an intent to use it to cause death or serious bodily injury. Asa result, the statute invites wholly arbitrary enforcement since practically any device is readily capable of causing death or serious bodily injury. See, e.g., United States v. Tolbert, 668 F.3d 798, 802-03 (6th Cir.2012). (plastic water pitcher used to strike a deputy marshal was a “dangerous weapon”). This petition raises the following question: Isn’t 18 U.S.C. §930(e)(1) which criminalizes the mere possession in a federal courthouse of practically any item unconstitutionally vague? i

Docket Entries

2022-10-03
Petition DENIED.
2022-08-04
DISTRIBUTED for Conference of 9/28/2022.
2022-07-29
Waiver of right of respondent United States of America to respond filed.
2022-07-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2022)

Attorneys

Malik Holloway
Steven Y. YurowitzNewman & Greenberg, Petitioner
Steven Y. YurowitzNewman & Greenberg, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent