Michael Adam Carmody v. United States
AdministrativeLaw FourthAmendment Privacy
Whether the warrantless seizure of a person's historical IP address records, which includes their conduct within their homes, violates an individual's privacy interest in the whole of their movements or their property interests in their IP address data?
Question Presented: Whether the warrantless seizure of a person’s historical IP address records, which includes their conduct within their homes, violates an individual’s privacy interest in the whole of their movements or their property interests in their IP address data? If commentary to the federal sentencing guidelines does not qualify for deference under Auer v. Robbins, 519 U.S. 452 (1997), it is invalid. Section 2G2.2 enhances the guideline range for possessors of child pornography based on the number of images they possess, but the guideline commentary equates 1 video with 75 still images. Here, Mr. Carmody’s guideline range was enhanced as if he possessed 600 or more images even though he possessed 414 visual depictions of child pornography. i Question Presented: Whether the 1 to 75 ratio for videos found in the commentary to U.S.S.G. § 2G2.2 is entitled to deference under Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 104 S. Ct. 2778, 81 L. Ed. 2d 694 (1984), Federal Express Corportation v. Holoweckhi, 552 U.S. 389, 128 S. Ct. 1147, 170 L. Ed. 2d 10 (2008), and Kisor v. Wilkie, 588 U.S. -—-, 139 S. Ct. 2400, 204 L. Ed. 2d 841 (2019)? li INTERESTED PARTIES Pursuant to Sup. Ct. R. 14.1(b)G), Mr. Carmody submits that there are no