# Petition — Dameron v. United States > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385006_1058%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Petition - **Published:** January 1, 1980 - **Citation:** 444 U.S. 1014 ## Text IN THE SUPREME COURT OF THE UNITED STATES 1979 Term ’ No. & v * >» ‘ JAMES DAMERON . . . : . Petitioner versus 4 UNITED STATES OF AMERICA - - Respondent PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT C. B. CREECH GORDON J. DILL, JR. CREECH, HOGG & DILL P. O. Box 431 1107 Second National Bank Bldg. Ashland, Kentucky 41101 Attorneys for Petitioner WESTERFIELD-BONTE CO., 619 W. KENTUCKY=P.O. BOX 3251, LOUISVILLE, KY. INDEX PAGE REFERENCE TO REPORT OF OPINION OF THE re 1 STATEMENT OF GROUNDS UPON WHICH JURISDICTION OF THIS COURT IS INVOKED. bo QUESTIONS PRESENTED FOR REVIEW........ bo STATUTES AND CONSTITUTIONAL PROVI- UE POE TED con... 2- 6 STATEMENT OF THE CASE.................... 7-13 I hs ie yaa unasceewedaves 7 ere 7-13 REASONS FOR GRANTING THE WRIT.......... 14-21 (A) This Court Should Grant the Writ Prayed for Herein in Order to Rule On the Question of Whether a Warrantless Search By a Law En- forcement Officer Who Gains Entry to a Home By Fraud, Deceit or Trickery Violates the Fourth Amendment Such That the Fruits Thereof Should Be Suppressed............... 14-18 (B) The Proof At Trial Even When Taken in a Light Most Favorable to the Government Fails to Constitute an Attempt as Described By 21 ie na gk in ves ona 18-21 EEE Ee re 21 tne las pias sok ob w od 8 6 wee ss 23-24 Order of the Court of Appeals................... 23 Order Denying Petition for Rehearing........... 24 AUTHORITIES CITED Cases: PAGE Coolidge v. United States, 403 U. S. 454 (1971).... 15 Fraternal Order of Eagles v. United States, 57 F. 2d ee ee ee is ng a aes Vek We as eee 16, 17 Gatewood v. United States, 209 F. 2d 789 (C.A. D.C., RG i cde bane cuorhsaeae seca ees 15, 17 Gould v. United States, 255 U. S. 298 (1921)....... 15, 16 Hoffa v. United States, 385 U. S. 293 (1966). ..15, 16-17 Lewis v. United States, 385 U. S. 206 (1966). ..15, 16, 17 United States v. Langley, 466 F. 2d 27 (6th Cir. Be tenn GAG Se ce oink. Cae ee ence a eR 14 United States v. Mandujano, 499 F. 2d 370 (Sth Cir. Se ee eee Eee eee eee ae 19, 20 United States v. Phillips, 497 F. 2d 1131 (9th Cir. ER ete tt rr eee ates ry PE ay Ns Cr 15,17 United States v. Ressler, 536 F. 2d 208 (7th Cir. SE Wile} nis kin vas Pees 15 United States v. Roman, 356 F. Supp. 434 (S.D. ee cg SEE Sucka hk SUAS wea ee snd wean 19 Statutes: i cc poc cs kelp caw eeek toe, 79 NO oS se Shak 5 asic hoo a oe Rees 2,6, 7,18 eee ED ok % ek en Fe ees tee eR ia ake 2 IN THE SUPREME COURT OF THE UMTED STATES 1979 Term No. JAMES DAMERON . “ ‘ - . Petitioner . Vv. UNITED STATES OF AMERICA Respondent PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Petitioner, James Dameron prays that a Writ of Certiorari issue to review the judgment herein of the United States Court of Appeals for the Sixth Circuit entered in the above styled action on July 5, 1979, and upon which Petition for Rehearing was denied on September 11, 1979. REFERENCE TO REPORT OF OPINION OF THE COURT OF APPEALS The opinion of the Court of Appeals was by per eurium opinion which was not reported officially or unofficially. The judgment of the United States Dis- trict Court was not reported. ~ STATEMENT OF GROUNDS UPON WHICH JURIS- DICTION OF THIS COURT IS INVOKED This is a petition seeking review of the Order and Judgment of the United States Court of Appeals for the Sixth Circuit entered on July 5, 1979, affirming the conviction of James Dameron in the United States District Court for the Eastern District of Kentucky. Petition for Rehearing was requested, and was denied by Order entered September 11, 1979. Jurisdiction to review this action on Writ of Certiorari is granted by 28 U.S.C. §1254 (1). QUESTIONS PRESENTED FOR REVIEW A. Should the fruits of a search pursuant to a search warrant be suppressed where the affidavit in support of said warrant is based upon information ob- tained by law officers through entry into defendant’s home by fraud, deceit and trickery ? B. Are the acts outlined in the evidence, even if taken in a light most favorable to the government, suf- ficient to constitute criminal attempt within the mean- ing of 21 U.S.C. §846? STATUTES AND CONSTITUTIONAL PROVISIONS INVOLVED The statutory provisions pursuant to which peti- tioner was convicted are Title 21, Sections 841 and 846, United States Code, which read as follows: Section 841: ‘Prohibited acts A—Unlawful acts (a) Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally— 2 » (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, dis- tribute, or dispense a controlled sub- stance; or (2) to ereate, distribute, or dispense, or possess with intent to distribute or dis- pense, a counterfeit substance. Penalties (b) Except as otherwise provided in section 845 of this title, any person who violates subsec- tion (a) of this section shall be sentenced as follows: (1)(A) In the case of a controlled substance in schedule I of II which is a narcotie drug, such person shall be sentenced to a term of imprison- ment of not more than 15 years, a fine of not more than $25,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this para- graph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of the United States relating to narcotic drugs, marihuana, or depressant or stimulant sub- stances, have become final, such person shall be sentenced to a term of imprisonment of not more than 30 years, a fine of not more than $50,000, or both. Any sentence imposing a term of imprison- ment under this paragraph shall, in the absence of such a prior conviction, impose a special parole term of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a special parole term of at least 6 years in addition to such term of imprisonment. + (B) In the case of a controlled substance in schedule I or II which is not a nareotie drug or in the case of any controlled substance in schedule III, such person shall be sentenced to a term of imprisonment of not more than 5 years, a fine of not more than $15,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of the United States relating to narcotic drugs, marihuana, or depres- sant or stimulant substances, have become final, such person shall be sentenced to a term of im- prisonment of not more than 10 years, a fine of not more than $30,000, or both. Any sentenee impos- ing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a special parole term of at least 2 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a special parole term of at least 4 vears in addition to such term of imprisonment. (2) In the ease of a controlled substance in schedule IV, such person shall be sentenced to a term of imprisonment of not more than 3 years, a fine of not more than $10,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of. this subchapter or subchapter II of this chapter or other law of the United States relating to narcotic drugs, marihuana, or depres- sant or stimulant substances, have beeome final, such persoa shall be sentenced to a term of im- — 9) prisonment of not more than 6 years, a fine of not more than $20,000, or both. Any sentence impos- ing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, im- pose a special parole term of at least one year in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a svecial parole term of at least 2 years in addition to such term of imprisonment. (3) In the ease of a controlled substance in schedule V, such person shall be sentenced to a term of imprisonment of not more than one year, a fine of not more than $5,000, or both. If any person commits such a violation after one or more convictions of him for an offense punishable under this paragraph, or for a crime under any other provision of this subchapter or subchapter IT of this chapter or other law of the United States relating to narcotic drugs, marihuana, or depres- sant or stimulant substances, have become final, such person shall be sentenced to a term of im- prisonment of not more than 2 years, a fine of not more than $10,000, or both. (4) Notwithstanding paragraph (1) (B) of this subsection, any person who violates subsection (a) of this section by distributing a small amount of marihuana for no remuneration shall be treated as provided in subsections (a) and (b) of section 844 of this title. Special parole term (ec) A special parole term imposed under this sec- tion or section 845 of this title may be revoked if its terms and conditions are violated. In such circumstances the original term of im- G prisonment shall be increased by the period of the special parole term and the resulting new term of imprisonment shall not be dimin- ished by the time which was spent of special parole. A person whose special parole term has been revoked may be required to serve all or part of the remainder of the new term of imprisonment. t I Ce UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Nos. 78-5411; 78-5452 Unirep States or America, - - Plaintiff-Appellee, Vv. James C. DamMeERON A/K/A JAMES CorBIN, - Defendant- Appellant, ORDER—Entered July 5, 1979 Berore: Livery and Keirn, Circuit Judges, Brown, Dis- trict Judge* After a jury trial, Appellant was convicted on a one- count indictment charging him with attempting to manu- facture, distribute and dispense, and possess with intent to manufacture, distribute and _ dispense, Phencylidine (“PCP”) a Schedule II non-narcotic, controlled substance in that he knowingly and unlawfully possessed Piperidine, an essential precursor to the manufacture of PCP, in viola- tion of 21 U.S.C. $846. Upon due consideration of the record on appeal, the briefs and oral arguments of counsel for the parties and being fully advised in the premises, the Court is of the view that appellant’s allegations of error are without merit. Therefore, it is ordered that Appellant’s conviction be, and the same hereby is, affirmed. Entered by Order of the Court /s/ John P. Hehman Clerk *Honorable Bailey Brown, Chief Judge, United States District Court for the Western District of Tennessee, sitting by designation. 24 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Nos. 78-5411; 78-5452 Unitep States or America, - - Plaintiff-Appellee, v. JaMES C. Dameron a/K/a JAMES Corsin, - Defendant- Appellant, ORDER—Entered September 11, 1979 Berore: Livery and Keiru, Circuit Judges, and Browy, District Judge* Upon consideration of the petition for rehearing filed herein by appellant, the court concludes that the issues raised therein were fully considered upon the original sub- mission and decision of this ease. It is therefore Orperep that the petition for rehearing be, and the same hereby is, denied. Entered by Order of the Court s/ John P. Hehman Clerk *The Honorable Bailey Brown, Chief Judge, United States District Court for the Western District of Tennessee, sitting by designation. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385006_1058%3A1. Public record. Not legal advice.