No. 20-6057

David Lee Emmert, Jr. v. United States

Lower Court: Eighth Circuit
Docketed: 2020-10-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: child-pornography criminal-defendants criminal-enhancement due-process equal-protection immigration liberty-interest sentencing-disparity sexual-abuse-minor statutory-interpretation
Key Terms:
DueProcess HabeasCorpus Immigration
Latest Conference: 2020-11-13
Question Presented (AI Summary)

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 (from Petition)

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

Docket Entries

2020-11-16
Petition DENIED.
2020-10-29
DISTRIBUTED for Conference of 11/13/2020.
2020-10-20
Waiver of right of respondent United States to respond filed.
2020-07-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 16, 2020)

Attorneys

David Lee Emmert
David Lee Emmert Jr. — Petitioner
David Lee Emmert Jr. — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent