Ross Ulbricht Supported By 20 Amicus Curiae
Feb 13, 2018 Posted / 1516 Views
Ross Ulbricht, Founder of darknet marketplace named Silkroad, operated under the pseudonym of “Dread Pirates Roberts” had been sentenced to life imprisonment in 2015 without parole for committing cyber crimes such as Money Laundering and Drug Trafficking. The imprisonment sentence was found comparatively harsh to which judge stated that penalization aimed to send a message to other individuals related to darknet marketplaces.
On January 23, a former litigator, Tom Goldstein picked up the case as ‘petition of the day’ on grounds that the case holds “a reasonable chance of being granted” a hearing in front of the supreme court. Ulbricht has requested the court for a hearing, claiming that his fourth and sixth right of the amendment were violated during an investigation. Under the fourth right of amendment government officials could not collect his traffic information in absence of a warrant which has been violated.
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In addition to it, under the sixth right of amendment Ulbricht claims that the judge declared punishment considering an uncharged and unproven allegation of attempting to murder five individuals by paying a hitman. As per Ulbricht these murders never took place, neither government charged him for them. But judge considered them, hence he believes that these factors should not affect his sentencing.
As per CCN reports, Considering these two violations of amendments, Tom Goldstein passed petition believing that the case raises constitutional questions but the Ulbricht’s earlier appeal to the second circuit was declined on the basis of "third party doctrine," which states that any information passed to or collected through a third party such as phone company, is considered as information on which no Fourth Amendment of privacy right is eligible
The details of the case attracted 20 amici curiae who favored Ross Ulbricht such as National Lawyers, Conservative gun owners of America and political spectrums. Reportedly, 5th February was the original deadline date for government to respond to petition which has been further extended to 7th March on Solicitor General Noel J. Francisco’s request to the court.
Till now, no amicus has filed support in favor of governments position.
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