No. 19-8645

Joe Cephus Ross v. United States

Lower Court: Fifth Circuit
Docketed: 2020-06-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: child-pornography due-process mandatory-minimum prosecutorial-discretion sentencing separation-of-powers statutory-interpretation void-for-vagueness
Key Terms:
AdministrativeLaw DueProcess FifthAmendment
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Does 18 U.S.C. § 2252A violate the Due Process Clause and the void-for-vagueness doctrine?

Question Presented (from Petition)

QUESTION PRESENTED Does 18 U.S.C. § 2252A violate the Due Process Clause and the doctrine because the statute allows a prosecutor to unilaterally select not only the statutory maximum sentence but also the statutory mandatory minimum sentence by choosing to charge either receipt or possession of child pornography when there is no difference between the two offenses, and the two offenses involve the same conduct and the same harm? 1

Docket Entries

2020-10-05
Petition DENIED.
2020-06-18
DISTRIBUTED for Conference of 9/29/2020.
2020-06-12
Waiver of right of respondent United States to respond filed.
2020-06-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 9, 2020)

Attorneys

Joe Cephus Ross
H. Michael SokolowFederal Public Defender, Petitioner
H. Michael SokolowFederal Public Defender, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent