No. 18-8729

Alan Kenneth Thompson, Jr. v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-04-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure constitutional-claims constitutional-law criminal-law criminal-procedure due-process habeas-corpus plea-bargaining statutory-interpretation subject-matter-jurisdiction united-states-v-peter
Key Terms:
DueProcess FifthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-05-09
Question Presented (AI Summary)

Whether the ambiguousness of the term 'material' within Title 18 USC 2252A(a)(2)(B) gives unintended breadth to District Courts to accept pleas of guilt without subject-matter jurisdiction

Question Presented (from Petition)

QUESTION(S) PRESENTED 1. In light of United States v Peter, 310 F.3d 709 (11th Cir 2002), does the ambiguousness of the nature of the texm "material" within Title 18 : USC 2252A(a)(2)(B), give the unintended breadth by: (A) authorizing District Courts to accept pleas of guilt without subject-matter jurisdiction, wherefore caprical use of elastic language is construed as a computer file, rather than disk, so long as the file "contains" an unlawful: depiction; thereby, (B) substituting factual conduct in . violation of United States v Edmond, 780 F.3d 1126 (11th Cir 2015); by modifying statutory elements in order to convict innocent persons of a . crime for which they are not indicted? 2. When a prisoner alleges thorny constitutional issues, states facts and cites the law, in relation to and in support of such claims: (A) does a district court's catch=all denial, or failure to adjudicate all claims : uv alleged, violate habeas procedure, when its decision runs contrary to the : ; procedural rule established under Clisby v Jones, 960 F.2d 925 (4th Cir 7992), thereby, serving to render habeas review futile, as applied to that case; Likewise, (B) does a Court of Appeal 's failure to clarify its blanket denial, of meritorious issues, violate a claimant's due process right toa meaningful opportunity to present such claims on habeas seview, . and/or place too significant of a burden at this mere propositional stage, during a COA's threshold inquiry, as re-established in Buck v Davis, 132 S.Ct. 759 (2017)? , ek . .

Docket Entries

2019-05-13
Petition DENIED.
2019-04-18
DISTRIBUTED for Conference of 5/9/2019.
2019-04-15
Waiver of right of respondent United States to respond filed.
2019-03-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 8, 2019)

Attorneys

Alan Kenneth Thompson
Alan Kenneth Thompson Jr. — Petitioner
Alan Kenneth Thompson Jr. — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent