from the United States Court of Appeals for the Fifth Circuit
See other cases from the Fifth Circuit.
Because the Court lacks a quorum, 28 U. S. C. §1, and since the qualified Justices are of the opinion that the case cannot be heard and determined at the next Term of the Court, the judgment is affirmed under 28 U. S. C. §2109, which provides that under these circumstances "the court shall enter its order affirming the judgment of the court from which the case was brought for review with the same effect as upon affirmance by an equally divided court." The Chief Justice, Justice Thomas, Justice Alito, Justice Gorsuch, Justice Kavanaugh, and Justice Barrett took no part in the consideration or decision of this petition.
Waiver of right of respondent United States to respond filed.
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 22, 2023)
DMT MacTruong, Petitioner, pro se
United States, Respondent, represented by Elizabeth B. Prelogar