No. 23-5045

Evans Samuel Santos Diaz v. United States

Lower Court: Third Circuit
Docketed: 2023-07-05
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: associational-rights conditions-of-release constitutional-scrutiny criminal-procedure due-process first-amendment freedom-of-association individual-liberty supervised-release
Key Terms:
FirstAmendment CriminalProcedure
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Does a condition of supervised release that prevents association between an individual and their fiancée for two years pass First Amendment scrutiny?

Question Presented (OCR Extract)

QUESTION PRESENTED 1. The First Amendment guarantees individuals a right to associate. Petitioner and his fiancée want to associate. The Court of Appeals affirmed a district court condition of supervised release that prevented any association between them for a two-year-period based on its own factual findings. Is such condition narrow and tailored enough to pass constitutional scrutiny? i

Docket Entries

2023-10-02
Petition DENIED.
2023-07-13
DISTRIBUTED for Conference of 9/26/2023.
2023-07-07
Waiver of right of respondent United States to respond filed.
2023-06-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 4, 2023)

Attorneys

Evans Samuel Santos Diaz
Frederick William UlrichFederal Public Defenders Office, Petitioner
Frederick William UlrichFederal Public Defenders Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent