No. 18-5164

George Adrien Brooks v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-07-06
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: 18-usc-2422(b) attempted-inducement circuit-split criminal-law criminal-statute federal-criminal-law intent intent-requirement mens-rea minor minor-protection minors sexual-abuse sexual-activity sexual-inducement statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2018-10-05
Question Presented (AI Summary)

Whether the required intent for attempted inducement under § 2422(b) is the intent to cause a minor to engage in sexual activity (as the Eleventh Circuit held in this case), or the intent to change a minor's mental state about engaging in sexual activity (as most other circuits have held)

Question Presented (from Petition)

question presented by this petition is about the required intent for this offense. This question has caused tension both within the Eleventh Circuit and among the other circuits. Most circuits recognize that the statute proscribes an intentional attempt to achieve a mental state in a minor — that is, a minor’s assent to engage in sexual activity. And these circuits have also said that the required intent is not the intent to engage in sex with a minor. On the other hand, however, the Fifth, Eighth, Ninth, and Eleventh Circuits have affirmed convictions based on only an intent to engage in sex with a minor. Thus, the question presented here is: Whether the required intent for attempted inducement under § 2422(b) is the intent to cause a minor to engage in sexual activity (as the Eleventh Circuit held in this case), or the intent to change a minor’s mental state about engaging in sexual activity (as most other circuits have held). This petition presents the Court with an ideal vehicle to resolve the tension among the circuits on this important issue. i

Docket Entries

2018-10-09
Petition DENIED.
2018-09-20
DISTRIBUTED for Conference of 10/5/2018.
2018-09-19
Reply of petitioner George Adrien Brooks filed. (Distributed)
2018-09-05
Brief of respondent United States in opposition filed.
2018-08-03
Motion to extend the time to file a response is granted and the time is extended to and including September 5, 2018.
2018-08-02
Motion to extend the time to file a response from August 6, 2018 to September 5, 2018, submitted to The Clerk.
2018-07-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2018)

Attorneys

George Adrien Brooks
Conrad Benjamin KahnFederal Public Defender, Middle District of Florida, Petitioner
Conrad Benjamin KahnFederal Public Defender, Middle District of Florida, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent