No. 23-7374

David Allen v. United States

Lower Court: Sixth Circuit
Docketed: 2024-05-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cell-phone commerce-clause constitutional-interpretation original-meaning sixth-amendment sixth-circuit speedy-trial statutory-interpretation substantial-effects-test supreme-court-precedent
Key Terms:
Punishment Privacy
Latest Conference: 2024-05-30
Question Presented (AI Summary)

Whether the broad rule adopted by the Sixth Circuit, that the Commerce Clause gives congress the power to regulate all conduct incidentally using a cell phone, is contrary to its original meaning, was adopted without reconciling the Supreme Court's most relevant precedent, and is contrary to the substantial effects test?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether the broad rule adopted by the Sixth Circuit, that the Commerce Clause gives congress the power to regulate all conduct incidentally using a cell phone, is contrary to its original meaning, was adopted without reconciling the Supreme Court’s most relevant precedent, and is contrary to the substantial effects test? a. Whether the original meaning of the Commerce Clause encompasses regulation of local violent crime? b. Whether the rule of the Sixth Circuit decisions in Weathers and Windham were adopted without consideration of recent Supreme Court decisions? I. Whether the Sixth Circuit erred in concluding that Mr. Allen did not aggressively pursue his right to a speedy trial under both the Speedy Trial Act the Sixth Amendment, and that he was not prejudiced by the nearly four-year delay in scheduling his trial? a. Whether Mr. Allen’s Sixth Amendment right to a speedy trial was violated by the nearly four-year delay in scheduling his trial? b. Whether Mr. Allen’s statutory right to a speedy trial under 18 U.S.C. § 3161(c)(1), the Speedy Trial Act, was violated by the nearly four-year delay in scheduling his trial?

Docket Entries

2024-06-03
Petition DENIED.
2024-05-15
DISTRIBUTED for Conference of 5/30/2024.
2024-05-08
Waiver of right of respondent United States to respond filed.
2024-04-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 3, 2024)

Attorneys

David Allen
Martin James BeresMartin J. Beres, Attorney at Law, Petitioner
Martin James BeresMartin J. Beres, Attorney at Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent