No. 24-5610

Harold U. McGhee v. United States

Lower Court: Seventh Circuit
Docketed: 2024-09-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion criminal-procedure franks-motion gps-tracker sixth-amendment warrant-affidavit
Key Terms:
FourthAmendment SecondAmendment CriminalProcedure Punishment Privacy
Latest Conference: 2024-11-01
Question Presented (AI Summary)

Whether the District Court committed procedural and substantive errors in denying the Franks Motion and related legal challenges

Question Presented (OCR Extract)

ESTION PRESENTED FOR REVIEW Ls Whether the District Court committed Procedural and substantive error when it denied the Defendant's Franks Motion? 2. Whether the District Court committed Procedural and Substantive error when it failed to hold an evidentiary hearing? a Whether the District Court committed Procedural and Substantive error when it failed to address the individual Subsequent GPS Tracker Warrants Affidavits on its face? 4. Whether the District Court committed Procedural and substantive error when it combined a Pre-franks Hearing with a Motion to Suppress Hearing where one was dependent on the other? 55 Whether the Judge committed Abuse of Discretion? 6. Whether a conviction under 18 USC 924 cc) is sustained without the "in furtherance of" prong of a firearm's use in drug trafficking offense? 7. Whether a conviction prior to the age 18 resulting in a sentence of probation may be used to trigger 18 USC 924(e), without being submitted to a jury? ne

Docket Entries

2024-11-04
Petition DENIED.
2024-10-10
DISTRIBUTED for Conference of 11/1/2024.
2024-10-03
Waiver of right of respondent United States to respond filed.
2024-07-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 25, 2024)

Attorneys

Harold U. McGhee
Bart Edward BealsBeals Law Firm, LLC, Petitioner
Bart Edward BealsBeals Law Firm, LLC, Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent