No. 18-7700

Luther Gene Ray v. United States

Lower Court: Ninth Circuit
Docketed: 2019-01-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-law due-process federal-statute force-requirement human-trafficking interstate-commerce mens-rea sentencing sex-trafficking statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-03-01
Question Presented (AI Summary)

Whether a conviction resulting in a fifteen-year mandatory minimum sentence under 18 U.S.C. § 1591 requires, as the statute says, that force 'was used' make someone to have non-consensual sex against her will?

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW Whether a conviction resulting in a fifteen-year mandatory minimum sentence under 18 U.S.C. § 1591 requires, as the statute says, that force “was used” make someone to have nonconsensual sex against her will? Whether § 1591’s requirement that the offense be committed ““knowingly-in or affecting interstate or foreign commerce” means that the defendant must know that that his acts had at least a de minimus effect on interstate commerce as well as having a knowing link between the crime’s actus reus and its effect on interstate commerce? --prefix-

Docket Entries

2019-03-04
Petition DENIED.
2019-02-14
DISTRIBUTED for Conference of 3/1/2019.
2019-02-07
Waiver of right of respondent United States to respond filed.
2019-01-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2019)

Attorneys

Luther Ray
Ellis Murray Johnston IIIClarke Johnston Thorp & Rice PC, Petitioner
Ellis Murray Johnston IIIClarke Johnston Thorp & Rice PC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent