OWNERSHIP

adverse possession

Henderson v. United States

Issues

May a court order the government to transfer or sell firearms to a third party on behalf of a convicted felon, who may not possess firearms under 18 U.S.C. § 992(g)?

In this case, the Supreme Court of the United States will have the opportunity to resolve a circuit split and determine whether a convicted felon may request that the government transfer possession of a felon’s non-contraband firearms to a third party. Henderson, a convicted felon, requested that the FBI transfer possession of the firearms to a third party interested in purchasing the firearms. The FBI denied his request, asserting that convicted felons may not possess firearms and that a transfer to a third party would give Henderson constructive possession in violation of federal law. Henderson, however, argues that his inability to possess firearms under federal law does not terminate his entire ownership interest in non-contraband firearms. The Supreme Court’s ruling will implicate ownership rights of convicted felons’ non-contraband firearms.

Questions as Framed for the Court by the Parties

“The general rule is that seized property, other than contraband, should be returned to its rightful owner once * * * criminal proceedings have terminated.” Cooper v. City of Greenwood, 904 F.2d 302, 304 (5th Cir. 1990) (quoting United States v. Farrell, 606 F.2d 1341, 1343 (D.C. Cir. 1979) (quoting United States v. La Fatch, 565 F.2d 81, 83 (6th Cir. 1977))). 18 U.S.C. § 922(g), however, makes it “unlawful for any person * * * who has been convicted in any court of[] a crime punishable by imprisonment for a term exceeding one year * * * to * * * possess * * * any firearm.”

The question presented is whether such a conviction prevents a court under Rule 41(g) of the Federal Rules of Criminal Procedure or under general equity principles from ordering that the government (1) transfer non-contraband firearms to an unrelated third party to whom the defendant has sold all his property interests or (2) sell the firearms for the benefit of the defendant. The Second, Fifth, and Seventh Circuits and the Montana Supreme Court all allow lower courts to order such transfers or sales; the Third, Sixth, Eighth and Eleventh Circuits, by contrast, bar them.

Petitioner Tony Henderson is a former Border Patrol Agent who was charged with distributing marijuana, a felony under 21 U.S.C. § 841(a)(1). See U.S. v. Henderson, 555 Fed. Appx. 851, 852 (11th Cir. 2014). He was arrested on June 7, 2006.

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Warner Chappell Music, Inc. v. Nealy

Issues

Under federal copyright law, can a plaintiff recover damages for infringements over three years before the filing of a lawsuit when the plaintiff discovered or should have discovered the infringement within three years of the lawsuit?

This case asks the Supreme Court to decide whether a copyright plaintiff can recover damages for infringements over three years before the filing of a lawsuit if the plaintiff discovered or should have discovered the infringement within three years of the filing of the lawsuit. Petitioners Warner Chappell Music, Inc., and Artist Publishing Group, LLC, contend that the discovery rule, which provides that a claim accrues when plaintiff discovered or should have discovered the infringement, is inapplicable because the statute of limitations commences at the time of infringement, marking the completion of the cause of action. Additionally, Petitioners assert that applying the discovery rule would contravene Congress’s intent, as the language pertaining to the discovery rule is intentionally absent from the copyright provision. On the other hand, Respondents Nealy and Music Specialist, Inc. argue that Petitioners’ challenge on the discovery rule exceeds the scope of the issue presented to the Supreme Court, as the lower courts already presumed the application of the discovery rule in this case. Respondents also posit that introducing a separate damages bar—a cap on damages that can be awarded to a plaintiff—in federal copyright cases would undermine Congress’s purpose, as copyright law does not impose such a bar. This case will affect the scope of infringement cases initiated by copyright holders and alter the burden of proof for each party in future copyright cases.

Questions as Framed for the Court by the Parties

Whether, under the discovery accrual rule applied by the circuit courts and the Copyright Act’s statute of limitations for civil actions, 17 U.S.C. § 507(b), a copyright plaintiff can recover damages for acts that allegedly occurred more than three years before the filing of a lawsuit.

In 1983, Sherman Nealy and Tony Butler founded Music Specialist, Inc. (“MSI”), a record company, with Nealy and Butler as co-presidents. Nealy v. Warner Chappell Music, Inc. at 4. Between 1983–1986, Butler wrote music that MSI released, including the five singles at issue in this case. Id. MSI dissolved in 1986. Id. From 1989 to 2008, Nealy served a prison sentence for cocaine distribution.

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