No. 22-7421

Michael Anthony McDowell, aka Red v. United States

Lower Court: Fourth Circuit
Docketed: 2023-05-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: compel criminal-procedure district-court due-process government-discretion government-refusal judicial-review rule-35 rule-35-motion standing
Key Terms:
DueProcess
Latest Conference: 2023-06-01
Question Presented (AI Summary)

Whether the due process rights of Petitioner violated by the Government's refusal to file a Rule 35 motion, and the district court's refusal to compel?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether the due process rights of Petitioner violated by the Government’s refusal to file a Rule 35 motion, and the district court’s refusal to compel? ii

Docket Entries

2023-06-05
Petition DENIED.
2023-05-17
DISTRIBUTED for Conference of 6/1/2023.
2023-05-09
Waiver of right of respondent United States to respond filed.
2023-04-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 31, 2023)

Attorneys

Michael A. McDowell
Michael Anthony McDowell — Petitioner
Michael Anthony McDowell — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent