No. 19-6784

Jermaine Whyte v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-11-27
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: age-of-victim criminal-law criminal-statute due-process mens-rea reasonable-opportunity sex-trafficking statutory-interpretation strict-liability
Latest Conference: 2020-01-10
Question Presented (from Petition)

Whether 18 U.S.C. § 1591(c) creates a self-standing strict liability offense with regard to the age of the victim that removes the mens rea element in § 1591(a) so that the government does not have to charge or prove that the defendant either knew or had a reckless disregard for the fact that the victim was a minor and which precludes a defendant from introducing any evidence that the defendant had no knowledge that the victim was minor, that the defendant did not recklessly disregard the fact that the victim was a minor and that it was reasonable for the defendant to think that the victim was not a minor?

Question Presented (AI Summary)

Whether 18 U.S.C. § 1591(c) creates a strict-liability-offense-for-age-of-victim

Docket Entries

2020-01-13
Petition DENIED.
2019-12-12
DISTRIBUTED for Conference of 1/10/2020.
2019-12-05
Waiver of right of respondent United States to respond filed.
2019-11-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 27, 2019)

Attorneys

Jermaine Whyte
Bernardo LopezFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent