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Price Montgomery v. United States

IFP petition · United States Court of Appeals for the Third Circuit, No. 22-2368 · judgment August 25, 2025


Pending

Questions presented

  1. Whether 18 U.S.C. § 1512(a)(1)(C), which criminalizes killing a person with intent to prevent them from telling authorities about a federal crime, necessarily involves murder, as the Third Circuit found, or whether it can also be committed through manslaughter, as the statute explicitly contemplates.

  2. Even if § 1512(a)(1)(C) necessarily involves murder, whether charging and convicting someone of second-degree murder—which carries no mandatory minimum—but then sentencing them for first-degree murder—which carries mandatory life imprisonment—violates Alleyne v. United States, 570 U.S. 99 (2013).

  3. Whether a state or local jurisdiction’s chief prosecutor may delegate authority to apply for wiretaps under Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. § 2510 et seq. (Incorporated from petition for a writ of certiorari in James Perrin v. United States, No. 25A935, permanent case number pending)

Counsel of record

For petitioner
Evan J. Austin
Office of the Federal Public Defender

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
25A938

Proceedings

  1. Aug 11 2026
    Rescheduled.
  2. Jun 25 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Jun 23 2026
    Reply of petitioner Price Montgomery filed. (Distributed)
  4. Jun 05 2026
    Brief of respondent United States in opposition filed.
  5. May 08 2026
    Motion to extend the time to file a response is granted and the time is extended to and including June 11, 2026.
  6. May 07 2026
    Motion to extend the time to file a response from May 11, 2026 to June 11, 2026, submitted to The Clerk.
  7. Apr 01 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 11, 2026)
  8. Feb 23 2026
    Application (25A938) granted by Justice Alito extending the time to file until April 1, 2026.
  9. Feb 19 2026
    Application (25A938) to extend the time to file a petition for a writ of certiorari from March 2, 2026 to April 1, 2026, submitted to Justice Alito.