No. 23-7163

Kyle Melkonian v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-04-08
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: circuit-split civil-rights criminal-statute due-process eleventh-circuit federal-statute government-property government-property-theft plain-text plain-text-analysis statutory-interpretation
Key Terms:
SocialSecurity JusticiabilityDoctri
Latest Conference: 2024-05-09
Question Presented (AI Summary)

Whether the Eleventh Circuit's conflation of 18 U.S.C. § 641's two distinct offenses runs afoul of the plain text of the statute, its application by every other circuit court, and this Court's precedents

Question Presented (OCR Extract)

QUESTION PRESENTED The federal statute lays out two distinct offenses in two separate paragraphs, punishing the initial theft of government property and subsequent receipt of already-stolen government property. See 18 U.S.C. § 641. The question presented is whether the Eleventh Circuit’s conflation of 18 U.S.C. § 641’s two distinct offenses runs afoul of the plain text of the statute, its application by every other circuit court that has addressed the issue, as well as this Court’s precedents. i

Docket Entries

2024-05-13
Petition DENIED.
2024-04-18
DISTRIBUTED for Conference of 5/9/2024.
2024-04-12
Waiver of right of respondent United States to respond filed.
2024-04-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 8, 2024)

Attorneys

Kyle Melkonian
Anshu Suresh BudhraniOffice of the Federal Public Defender, Petitioner
Anshu Suresh BudhraniOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent