No. 20-6326

Adam Donald Bennett v. United States

Lower Court: Fifth Circuit
Docketed: 2020-11-16
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 18-usc-2251 child-exposure criminal-procedure criminal-sentencing deferred-adjudication prior-conviction sentencing-enhancement sexual-abuse statutory-interpretation texas-law
Key Terms:
CriminalProcedure Immigration
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Is a Texas deferred adjudication a 'prior conviction' for purposes of the sentencing enhancement in 18 U.S.C. § 2251(e)?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Is a Texas deferred adjudication a “prior conviction” for purposes of the sentencing enhancement in 18 U.S.C. § 2251(e)? II. Does the Texas crime of indecency with a child by exposure relate to generic aggravated sexual abuse, sexual abuse, or abusive sexual contact with a minor, given the broad definition of “child” in Texas and given that the Texas offense is a non-contact offense that does not even require that the child be aware of the exposure? III. Can a district court rely solely on facts gleaned from a presentence investigation report to establish guilt for an offense that resulted in a grand jury “no bill,” absent some explanation for the grand jury’s decision? IV. Was the district court’s statutory maximum sentence of 600 months substantively unreasonable when the district court did not give adequate weight to the extraordinary history of abuse imposed on Petitioner as an adolescent? i

Docket Entries

2021-01-11
Petition DENIED.
2020-12-10
DISTRIBUTED for Conference of 1/8/2021.
2020-12-02
Waiver of right of respondent United States to respond filed.
2020-11-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 16, 2020)

Attorneys

Adam Bennett
Brandon Elliott BeckFederal Public Defender's Office, Northern District of Texas, Petitioner
Brandon Elliott BeckFederal Public Defender's Office, Northern District of Texas, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent