No. 23-7065

Michael Adam Carmody v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-03-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cell-site-location fourth-amendment home-surveillance ip-address ip-address-records privacy privacy-interest property property-rights search warrantless-search
Key Terms:
AdministrativeLaw FourthAmendment Privacy
Latest Conference: 2024-04-19
Question Presented (AI Summary)

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 (OCR Extract)

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

Docket Entries

2024-04-22
Petition DENIED.
2024-04-04
DISTRIBUTED for Conference of 4/19/2024.
2024-03-27
Waiver of right of respondent United States to respond filed.
2024-03-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 24, 2024)

Attorneys

Michael Carmody
M. Caroline McCraeFederal Public Defender, Petitioner
M. Caroline McCraeFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent