On Point: 44. SCOTUS

Stephen McFadden v. United States, USSC No. 14-378, 2015 WL 2473377 (June 18, 2015), reversing and remanding United States v. McFadden, 753 F.3d 432 (4th Cir. 2014); Scotusblog page (including links to briefs and commentary)

The Supreme Court holds that in order to convict a defendant of distribution a controlled substance analogue, the government must prove that the defendant knew the substance was controlled under the federal Controlled Substances Act or the Analogue Act, or that the defendant knew the specific features of the substance that make it a controlled substance analogue.

Question presented:

When a prisoner files more than one case or appeal in the federal courts in forma pauperis, does 28 U.S.C. § 1915(b)(2) cap the monthly exaction of filing fees at 20% of the prisoner’s monthly income regardless of the number of cases or appeals for which he owes filing fees?

Question presented:

Whether the pretrial restraint of a criminal defendant’s legitimate, untainted assets (those not traceable to a criminal offense) needed to retain counsel of choice violates the Fifth and Sixth Amendments.

Elonis v. United States, USSC No. 13-983, 2015 WL 2464051 (June 1, 2015), reversing United States v. Elonis, 730 F.3d 321 (3rd Cir. 2013); Scotusblog page (including links to briefs and commentary)

This case involved a prosecution of Elonis for threats he made in postings on his Facebook page, and it was being widely watched for the First Amendment question it raised. But the Court sidestepped the constitutional question, and holds instead that 18 U.S.C. § 875(c), the federal statute he was prosecuted under, requires the government to prove some sort of mental state regarding the threatening nature of the communication.

Mellouli v. Lynch, USSC No. 1034, 2015 WL 2464047 (June 1, 2015), reversing Mellouli v. Holder, 719 F.3d 995 (8th Cir. 2013); Scotusblog page (including links to briefs and commentary)

Resolving a split between federal circuit courts of appeal, the Supreme Court holds that the statute providing for deportation based on a violation of a state drug crime “relating to a controlled substance” is limited to “controlled substance” listed in the federal controlled substances schedule under 21 U.S.C. § 802. Thus, the Eighth Circuit was wrong to hold that any drug offense triggers the removal statute, without regard to the appearance of the drug on a § 802 schedule.

Question presented:

Did the Georgia courts err in failing to recognize race discrimination under Batson v. Kentucky, 476 U.S. 79 (1986), in the extraordinary circumstances of this death penalty case?

Question presented:

Whether the mandatory minimum sentence prescribed in 18 U.S.C. § 2252(b)(2)—which requires a prison term of at least ten years if a defendant convicted of possessing child pornography “has a prior conviction … under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward”—is triggered by a prior conviction under a state law relating to “aggravated sexual abuse” or “sexual abuse,” even though the conviction did not “involv[e] a minor or ward.”

Coleman v. Tollefson, USSC No. 13-1333, 2015 WL 2340838 (May 18, 2015), affirming Coleman v. Tollefson, 733 F.3d 175 (6th Cir. 2013); Scotusblog page (includes links to briefs and commentary)

Ordinarily, an indigent litigant may proceed in forma pauperis (IFP), which allows the litigant to file a civil action without paying fees or certain expenses. But under the federal Prisoner Litigation Reform Act, a “three strikes” provision precludes IFP status to a prisoner who “has, on 3 or more prior occasions, while incarcerated …, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted.” 28 U.S.C. § 1915(g). But what if the prisoner is appealing one of the “strikes” and the appeal is still pending; does it still count as a “strike”? “Yes,” answers a unanimous Supreme Court.

Henderson v. United States, USSC No. 13-1487, 2015 WL 2340840 (May 18, 2015), reversing  United States v. Henderson, Case No. 12-14628, 2014 WL 292169 (11th Cir. 2014) (unreported); Scotusblog page (includes links to briefs and commentary)

The Supreme Court unanimously holds that a defendant convicted of a felony retains “a naked right of alienation” in any firearms he or she owns and therefore may arrange for a court-supervised sale or transfer the guns without violating 18 U.S.C. § 922(g)’s ban on possession of a firearm.

City and County of San Francisco, et al. v. Teresa Sheehan, USSC No. 13-1412, 2015 WL 2340839 (May 18, 2015), certiorari dismissed in part, and reversing in part and remanding Sheehan v. City and County of San Francisco, 743 F.3d 1211 (9th Cir. 2014); Scotusblog page (includes links to briefs and commentary)

Because there was no precedent clearly establishing that it unreasonable to forcibly enter the home of a mentally ill person who is armed and potentially violent, the officers who entered Sheehan’s apartment are entitled to qualified immunity.