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Warren Harold Brown v. United States

IFP petition · United States Court of Appeals for the Fourth Circuit, No. 23-4064 · judgment June 26, 2025


Certiorari denied · February 23, 2026

Question presented

Whether Callanan v. United States, 364 U.S. 587 (1961), should be overruled or limited as violative of the Double Jeopardy Clause where petitioner was twice convicted and double sentenced to 40 years’ consecutive imprisonment for a single violation of the indivisible Hobbs Act, 18 U.S.C. § 1951(a), by attempting to rob a convenience store in a momentary, coterminous conspiracy.

Counsel of record

For petitioner
Wainscott Walker Putney
Scott W. Putney, P.C.

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 23 2026
    Petition DENIED.
  2. Jan 22 2026
    DISTRIBUTED for Conference of 2/20/2026.
  3. Jan 14 2026
    Waiver of right of respondent United States of America to respond filed.
  4. Dec 29 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 4, 2026)