No. 20-6359

Andrew Rey Ybaben v. United States

Lower Court: Fifth Circuit
Docketed: 2020-11-17
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: appellate-jurisdiction child-pornography discretionary-conditions due-process federal-criminal-law interstate-commerce sentencing statutory-interpretation supervised-release
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-04-23
Question Presented (AI Summary)

Whether 18 U.S.C. §2251 authorizes conviction upon proof that materials used to produce child pornography once crossed state lines at an unspecified prior occasion, when there is no evidence that the production or possession of child pornography itself caused such movement?

Question Presented (from Petition)

QUESTIONS PRESENTED I. Whether 18 U.S.C. §2251 authorizes conviction upon proof that materials used to produce child pornography once crossed state lines at an unspecified prior occasion, when there is no evidence that the production or possession of child pornography itself caused such movement? IL. Whether courts of appeals enjoy the jurisdiction to hear appeals of conditions of supervised release that are contingent on the discretionary decision of a Probation Officer or other professional, or whether such appeals are “unripe”? il PARTIES Andrew Ray Ybaben is the petitioner; he was the defendant-appellant below. The United States of America is the respondent; it was the plaintiff-appellee below. ili

Docket Entries

2021-04-26
Petition DENIED.
2021-04-08
DISTRIBUTED for Conference of 4/23/2021.
2021-04-07
Reply of petitioner Andrew Ybaben filed. (Distributed)
2021-03-24
Brief of respondent United States of America in opposition filed.
2021-03-19
Motion to extend the time to file a response is granted and the time is further extended to and including March 24, 2021.
2021-03-18
Motion to extend the time to file a response from March 22, 2021 to March 24, 2021, submitted to The Clerk.
2021-02-10
Motion to extend the time to file a response is granted and the time is further extended to and including March 22, 2021.
2021-02-09
Motion to extend the time to file a response from February 18, 2021 to March 22, 2021, submitted to The Clerk.
2021-01-13
Motion to extend the time to file a response is granted and the time is further extended to and including February 18, 2021.
2021-01-11
Motion to extend the time to file a response from January 19, 2021 to February 18, 2021, submitted to The Clerk.
2020-12-09
Motion to extend the time to file a response is granted and the time is extended to and including January 19, 2021.
2020-12-08
Motion to extend the time to file a response from December 17, 2020 to January 19, 2021, submitted to The Clerk.
2020-11-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 17, 2020)

Attorneys

Andrew Ybaben
Kevin Joel Page — Petitioner
Kevin Joel Page — Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent