No. 18-5678

Lee Andrew Paul v. United States

Lower Court: Eighth Circuit
Docketed: 2018-08-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-circuit burrage-causation burrage-v-united-states causation commerce-clause commerce-clause-authority commercial-sex-trafficking constitutional-law criminal-law criminal-statute-construction eighth-circuit-interpretation statutory-elements statutory-interpretation
Key Terms:
Privacy
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the Eight Circuit's decision conflicts with Burrage v. United States regarding causation

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW This petition presents the following questions: 1. Whether the Eight Circuit's decision conflicts with the Supreme Court's opinion in Burrage v. United States, 134 S.Ct. 881 (2014), which held that when a criminal statute includes a causation element, the government must prove "but for" causation? 2. Whether 18 U.S.C. § 1591(a), which creates the substantive crime of Commercial Sex Trafficking, requires the government to prove that a commercial sex act occurred, as opposed to offenses charged under 18 U.S.C. § 1594(a) and (c), which create the inchoate crimes of attempt and conspiracy, and whether, if the statute is construed to exempt proof of a commercial sex act, does such reading seriously call into question its constitutionality as exceeding congressional authority granted by the Commerce Clause? i

Docket Entries

2018-10-01
Petition DENIED.
2018-08-30
DISTRIBUTED for Conference of 9/24/2018.
2018-08-24
Waiver of right of respondent United States to respond filed.
2018-08-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 20, 2018)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Lee Andrew Paul
Virginia Guadalupe Villa — Petitioner
Virginia Guadalupe Villa — Petitioner