Ulbricht v. United States

admin Constitutional Law, U. S. Supreme Court

Today we filed an amicus brief in support of a petition for certiorari in the U.S. Supreme Court addressing important Fourth And Sixth Amendment issues.  The investigation into Ross WilliamUlbricht, the founder of the “Silk Road” website, involved numerous Fourth Amendment violations in the search and seizure of his Internet Communications records.   Additionally, Ulbricht had been sentenced to life imprisonment, and there is now no parole in the federal system, based on a judge’s findings of fact based on the preponderance of the evidence, in violation of his right to a jury trial.

Link to brief

Gun Owners Foundation Amicus Brief in United States v. Stanko

Michael Harless Constitutional Law, U. S. Court of Appeals, Eighth Circuit

Mr. Rudolph Stanko was convicted of possession of a firearm and ammunition in violation of 18 U.S.C. Section 922(g)(1), which prohibits any person from possessing a firearm or ammunition if that person has been convicted of certain types of crimes punishable by imprisonment for a term exceeding one year.  According to the statutory definition, the predicate crime cannot be any federal or state offense “pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices.” Read More

Michael New Reply Brief

Michael Harless Constitutional Law, U. S. Court of Appeals, District of Columbia Circuit

On November 23, 2005, Michael New’s legal team filed a hard-hitting reply brief to the United States government’s continuing attempt to avoid New’s claim that his 1996 court-martial conviction for disobedience of a “lawful” order was unconstitutional. For over 10 years now, the government has sought to dismiss New’s claim that a 1995 order to wear a U.N. uniform and submit to the operational control of a foreign military officer was a political question. In his reply brief, New argues convincingly that the cases upon which the government has relied are totally irrelevant, having to do with orders issued to American soliders to serve under American, not foreign, command. Read More