No. 18-8050

Alvaun Thompson v. United States

Lower Court: Second Circuit
Docketed: 2019-02-21
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: age-requirement aggravated-offense criminal-statute federal-criminal-law mens-rea minors sentencing sex-trafficking strict-liability under-14
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-06-13 (distributed 2 times)
Question Presented (AI Summary)

Whether the mens rea requirement as to the person's being under 18 applies to the person's being under 14 or whether the aggravated under-14 offense imposes strict criminal liability

Question Presented (OCR Extract)

QUESTION PRESENTED A federal criminal statute this Court has not construed, 18 U.S.C. § 1591, prohibits wide-ranging conduct that facilitates, directly or indirectly, the sex trafficking of minors. The statute does not require intent to facilitate such trafficking. It does have, however, a mens rea component requiring the defendant to have acted “knowing, or in reckless disregard of the fact,” that a trafficked person was under 18. And it sets out an aggravated offense, with a mandatory minimum sentence of 15 years in prison, if the person was under 14. The question presented is whether the mens rea requirement as to the person’s being under 18 applies to the person’s being under 14 or whether, as the Second Circuit held, that aggravated under-14 offense imposes “strict criminal liability with regard to the age of a victim.” i

Docket Entries

2019-06-17
Petition DENIED.
2019-05-29
DISTRIBUTED for Conference of 6/13/2019.
2019-05-24
Reply of petitioner Alvaun Thompson filed. (Distributed)
2019-05-13
Brief of respondent United States in opposition filed.
2019-04-03
Motion to extend the time to file a response is granted and the time is extended to and including May 13, 2019.
2019-04-02
Motion to extend the time to file a response from April 12, 2019 to May 13, 2019, submitted to The Clerk.
2019-03-13
Response Requested. (Due April 12, 2019)
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-28
Waiver of right of respondent United States to respond filed.
2019-02-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2019)
2019-01-07
Application (18A697) granted by Justice Ginsburg extending the time to file until February 14, 2019.
2019-01-02
Application (18A697) to extend the time to file a petition for a writ of certiorari from January 15, 2019 to February 14, 2019, submitted to Justice Ginsburg.

Attorneys

Alvaun Thompson
Matthew B. LarsenFederal Defenders of New York, Petitioner
Matthew B. LarsenFederal Defenders of New York, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent