No. 18-6006

Gerson Gonzalez Tovar v. United States

Lower Court: Fifth Circuit
Docketed: 2018-09-17
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: child-pornography constitutional-limits criminal-law criminal-sanctions criminal-statute due-process interstate-commerce plain-error plain-error-review statutory-interpretation sufficiency-of-evidence sullivan-v-louisiana
Key Terms:
AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2018-10-12
Question Presented (AI Summary)

Whether 18 U.S.C. §2251 authorizes conviction upon proof that materials used to produce child-pornography crossed state-lines at an unspecified-prior-occasion

Question Presented (from Petition)

QUESTIONS PRESENTED I. Whether 18 U.S.C. §2251 authorizes conviction upon proof that materials used to produce child pornography once crossed state lines at an unspecified prior occasion, when there is no evidence that the production or possession of child pornography itself caused such movement? IL. Whether Article I, Section 8 of the United States Constitution permits Congress to impose criminal sanctions for all conduct undertaken using materials that have moved in interstate commerce, however remotely, whether or not the criminal conduct caused such movement? Il. Whether the sufficiency of a factual basis for a defendant’s plea should be subject to plain error review, or whether, under Sullivan v. Louisiana, 508 U.S. 275 (1993), such a case lacks “an object” upon which review for harmless and plain error may operate? il PARTIES Gerson Gonzalez Tovar is the petitioner; he was the defendant-appellant below. The United States of America is the respondent; it was the plaintiff-appellee below. ill

Docket Entries

2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-20
Waiver of right of respondent United States to respond filed.
2018-09-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 17, 2018)

Attorneys

Gerson Gonzalez Tovar
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent