No. 23-5921

Vahe Sarkiss v. United States

Lower Court: Ninth Circuit
Docketed: 2023-10-31
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 4th-amendment child-pornography civil-rights due-process fourth-amendment interstate-commerce reasonable-suspicion search-and-seizure supervised-release
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (AI Summary)

Whether Petitioner's Fourth Amendment rights were violated due to lack of reasonable suspicion for search

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether Petitioner Vahe Sarkiss’ Fourth Amendment rights were violated because there was no reasonable suspicion of a violation of supervised release to support the search of Sarkiss’ property when no witness testified that they believed Sarkiss’ thumb drive found in the community laundry room contained child pornography. 2. Whether Petitioner’s motion to dismiss the superseding indictment charging a violation of 18 U.S.C. § 2252A(a)(5)(B) should have been granted given that the indictment failed to allege an essential element and the district court failed to instruct the petit jury on that element -that the defendant knew the interstate nature of the materials or that they were produced with materials affecting interstate commerce. i STATEMENT OF

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-09
DISTRIBUTED for Conference of 12/1/2023.
2023-11-03
Waiver of right of respondent United States to respond filed.
2023-10-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 30, 2023)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Vahe Sarkiss
Shaun KhojayanLaw Offices of Shaun Khojayan & Associates, PLC, Petitioner
Shaun KhojayanLaw Offices of Shaun Khojayan & Associates, PLC, Petitioner