UPS Cert Petition
New York Brief in Opposition
1. The Contraband Cigarette Trafficking Act prohibits the knowing transportation of “a quantity” of more than 10,000 untaxed cigarettes in the “possession” of unauthorized persons. 18 U.S.C. § 2341(2). The first question presented is whether multiple shipments from different shippers may be aggregated to satisfy the 10,000-cigarette threshold.
2. The Prevent All Cigarette Trafficking Act of 2009 exempts UPS by name if its tobacco-delivery agreement with New York is “honored” nationwide. 15 U.S.C. § 376a(e)(3)(B)(ii)(I). The second question presented is whether substantial compliance is a prerequisite to this statutory exemption.
Second Circuit materials here:
New York Opening Brief
New York Reply
DCT materials here.
Here is the opinion in State of New York v. Mountain Tobacco Co. d/b/a King Mountain Tobacco Company, Inc.
Here is the order in United States v. 2015 Dodge Ram 350 Truck (D. Neb.):
77 dct order
Prior post here.
Here is the pleading captioned United States v. 2015 Dodge Ram 350 Truck (D. Neb.):
Update — here is the amended complaint now captioned United States v. 2005 Freightliner M2106 Box Truck (D. Neb.):
Here is the 200+ page order in State of New York v. United Parcel Service (S.D. N.Y.):
526 DCT Order
Prior post here.
Here is the opinion in Gordon v. Lynch.
Since Gordon faces only a remote risk of federal prosecution or civil penalties, and any further merits decision would not shield him from the effects of possible state or local lawsuits, the case is moot. We affirm the district court’s vacatur of the preliminary injunction for lack of jurisdiction, and we therefore do not reach the district court’s further conclusion that the case is prudentially moot.
Prior posts here and here.