No. 23A993

Gavin Blake Davis v. United States

Lower Court: Fifth Circuit
Docketed: 2024-05-07
Status: Presumed Complete
Type: A
Tags: appellate-jurisdiction circuit-split interlocutory-appeal pretrial-release speedy-trial-act statutory-interpretation
Latest Conference: N/A
Question Presented (from Petition)

(1) Is a decision regarding an 18 U.S.C. § 3164 Motion for Pretrial Release immediately appealable interlocutory (e.g. 28 U.S.C. § 1291; collateral order doctrine) as held in persuasive opinions by the Tenth and Eleventh Circuit courts in contrast to the Fifth Circuit (i.e. circuit court split)?

(2) Subsequent to (a) the denial of a motion for pretrial release under 18 U.S.C. § 3164; and, thereafter, (b) a defendant obtaining pretrial release under separate authority (e.g. 18 U.S.C. § 3142 and its progeny), presuming the Tenth and Eleventh Circuit courts are, in fact, properly upholding Congressional intent with respect to pretrial release as codified under the Speedy Trial Act, is appellate review and relief under § 3164 moot?

Question Presented (AI Summary)

Whether a district court's denial of a pretrial release motion under 18 U.S.C. § 3164 is immediately appealable as an interlocutory order when circuits have conflicting precedents

Docket Entries

2024-05-09
Application (23A993) granted by Justice Alito extending the time to file until July 22, 2024.
2024-05-03
Application (23A993) to extend the time to file a petition for a writ of certiorari from May 21, 2024 to July 20, 2024, submitted to Justice Alito.

Attorneys

Gavin B. Davis
Gavin Blake Davis — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent