No. 20-5772

Michael Portanova v. United States

Lower Court: Third Circuit
Docketed: 2020-09-24
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: categorical-approach child-pornography circuit-split criminal-law federal-sentencing prior-conviction sentencing-enhancement statutory-interpretation
Key Terms:
Immigration
Latest Conference: 2020-10-30
Question Presented (AI Summary)

Whether the 'categorical approach' may be disregarded or 'loosened' in child-pornography cases

Question Presented (from Petition)

QUESTION PRESENTED Whether the “categorical approach,” which this Court has repeatedly held must be applied in assessing whether a prior state conviction qualifies as a predicate offense for purposes of a federal sentencing enhancement, may be disregarded or “loosened” — as the court of appeals in this case concluded (deepening an existing circuit split) — in child pornography cases. 1

Docket Entries

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-08
DISTRIBUTED for Conference of 10/30/2020.
2020-09-30
Waiver of right of respondent United States to respond filed.
2020-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 26, 2020)

Attorneys

Michael Portanova
Frederick William UlrichFederal Public Defenders Office, Petitioner
Frederick William UlrichFederal Public Defenders Office, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent