No. 19-8340

Christopher Scruggs v. United States

Lower Court: Eighth Circuit
Docketed: 2020-04-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-law distribution distribution-intent file-sharing knowledge knowledge-standard mens-rea sentencing sentencing-guidelines
Key Terms:
JusticiabilityDoctri
Latest Conference: 2020-05-21
Question Presented (AI Summary)

Whether 'knowingly engaged in distribution' in sentencing guideline 2G2.2(b)(3)(F) requires knowledge that files are accessible online or only general knowledge of file-sharing software

Question Presented (from Petition)

QUESTION(S) PRESENTED . The Sentencing Commission promulgated ‘Amendment 801, amending . enhancement 2G2.2(b)(3)(F) to only apply when a= defendant : "knowingly engaged in distribution." In so doing it imposed a mens rea level of knowledge on the conduct. The question | , : presented is: co: 1. Whether "knowingly engaged in distribution," as it occurs in sentencing gtideline 262.2(b) (3) (F), means that a : defendant must have knowledge that ones files are : accessible online, or whether it is enough that one have ; : : general knowledge that the software one is using is file— sharing capable software. ; | ; * : . . _ . .

Docket Entries

2020-05-26
Petition DENIED.
2020-05-06
DISTRIBUTED for Conference of 5/21/2020.
2020-04-24
Waiver of right of respondent United States to respond filed.
2020-03-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 22, 2020)

Attorneys

Christopher Scruggs
Christopher Scruggs — Petitioner
Christopher Scruggs — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent