Motion For Leave To File Brief of Amicus Curiae John Cutonilli in Opposition To The Petition For Rehearing en Banc
Motion For Leave To File Brief of Amicus Curiae John Cutonilli in Opposition To The Petition For Rehearing en Banc
Motion For Leave To File Brief of Amicus Curiae John Cutonilli in Opposition To The Petition For Rehearing en Banc
Plaintiff/Appellees *
XAVIER BECERRA, *
in his official capacity as
Attorney General of the State of California,
Defendant/Appellant *
John Cutonilli files this motion for leave to file the accompanied Amicus
with Federal Rules of Appellate Procedures 29(a) and 29-3. Cutonilli endeavored
to obtain consent of all parties through email prior to moving the Court for
permission to file the proposed brief. Plaintiffs-appellees did not respond to the
due to the precedent set in Kolbe v. Hogan, 849 F.3d 114 (4th Cir. 2017), he seeks
to provide additional insight into other aspects of the law that were neither
addressed in Kolbe nor in the court’s decision in this case. His intent is to help this
court avoid previous errors so that other fellow Americans are not subject to such
laws, which are detrimental to public safety. No counsel for any party authored
this brief in whole or in part. Apart from amicus curiae, no person contributed
There are several key considerations that this amicus brief brings to light,
why there is no intra- or inter-circuit conflict. It points out the insubstantial nature
of the data used by California to justify the law in question and the logical fallacies
inherent in their analysis of that data, which is why the law will not alleviate the
harms in a direct and material way. It provides additional analysis into public
safety, the limits of the government’s interest in public safety as well as the role
Respectfully submitted,
CERTIFICATE OF COMPLIANCE
1. This motion and amicus brief complies with the length limits permitted by Ninth
Circuit Rule 32-1 because this motion contains 349 words, excluding the parts
2. This brief complies with the typeface requirements of Fed. R. App. P. 32(a)(5),
and the type style requirements of Fed. R. App. P. 32(a)(6), because it has been
John Cutonilli
P.O. Box 372
Garrett Park, MD 20896
(410) 675-9444
[email protected]
CERTIFICATE OF SERVICE
with the Clerk of the Court by using the CM/ECF system. I certify that the
participants of this case are registered CM/ECF users and that service will be