Rande Brian Isabella v. United States
DueProcess
Whether the Tenth Circuit Court of Appeals erred in disregarding review of essential elements at 18 U.S.C.§2251(a) and relying solely on circumstantial evidence
QUESTIONS PRESENTED : I. Whether if was prejudicial error for the Tenth Circuit Court of Appeals , : to depart from the accepted and usual course of judicial proceedings by ~ disregarding review of essential elements at 18 U.S.C.§2251(a), in conflict with Supreme Court doctrine under Jackson v Virginia, 443 U.S. 307 (1979); and to rely solely on “circumstantial evidence of a substantial step" pointed toward "sexting" behavior, but not pointed , toward the charged offense? : ; 7 ; oe Il. The Supreme Court is needed to settle a recognized conflict between the : Circuit Courts of Appeals concerning criminal liability and procedures ; at 18 U.S.C.§2422(b) and to define a term. III The Tenth Circuit decision below conflicts with a recent state supreme a court decision on the important question: whether evidence of the behavioral theory of "grooming" requires a foundational showing of scientific validity to be admissible and relevant to a jury? The Supreme Court is needed to settle the conflict and to decide, in light ‘ of Oregon v Henley. 363 Or 284 (2018), whether the federal court : . abdicated its gatekeeping function under Daubert v Merrell Dow, 509 , U.S. 579 (1993), and Kumho Tire Co. v Carmichael, 119 S Ct 1167 (1999), 7 _by allowing a fact witness' erroneous definition to materially — oO _ influence the jury? . : 2 of 2:9 . No. 194220 oo, Lo .