David Lee Emmert, Jr. v. United States
DueProcess HabeasCorpus Immigration
Whether equal protection of the liberty interest is offended when two classes of criminal defendants (Immigration and Child Pornography) are given disparate treatment under due process
QUESTION PRESENTED : As of xvight now, immigration cases use the Esquivel-Quintana standard exposure to statutory penalty for "any" prior felony of "sexual abuse of a minor" (nullified if based on a broader age-group). But Child Pornography cases use unsettled split decisions below that overwhelmingly. enhance for the same or similar prior conviction by eschewing the agebased metric for the “related to" modifier. A) Petitioner therefore asks, “Whether equal protection of the liberty interest is offended when two classes of criminal defendants (Immigration and Child ; Pornography) are given disparate treatment under due process," where ... 1. Both defendants have the. same or similarly situated prior state-court statutory rape conviction; 2. Each defendant is exposed to a mandatory fedecal baseline enhancement that does not define "sexual abuse of a minor" in that enhancement's chapter in the criminal code; but 3. The Immigration defendant walks free, and the child pornography defendant gets a 10-year mandatory minimum enhancement? ; ii