No. 20-6923

Christopher J. Abbate v. United States

Lower Court: Fifth Circuit
Docketed: 2021-01-25
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: due-process first-amendment interpretation pornography supervised-release vagueness
Key Terms:
FirstAmendment DueProcess
Latest Conference: 2021-05-13 (distributed 2 times)
Question Presented (AI Summary)

Does a special condition of supervised release that prohibits possession or control of 'any pornographic matter' violate due process as unconstitutionally vague?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Does a special condition of supervised release that prohibits possession or control of “any pornographic matter” violate due process as unconstitutionally vague? II. Does a special condition of supervised release that prohibits possession or control of “any pornographic matter” violate the First Amendment? III. Even if a ban on “pornographic matter” does not ordinarily violate the First Amendment, did the district court’s interpretation of “pornographic” do so here when it found that adult women in bathing suits dancing on a beach was pornographic? i

Docket Entries

2021-05-17
Petition DENIED.
2021-04-22
DISTRIBUTED for Conference of 5/13/2021.
2021-04-14
Brief of respondent United States in opposition filed.
2021-04-14
Reply of petitioner Christopher Abbate filed.
2021-03-10
Motion to extend the time to file a response is granted and the time is extended to and including April 14, 2021.
2021-03-09
Motion to extend the time to file a response from March 15, 2021 to April 14, 2021, submitted to The Clerk.
2021-02-11
Response Requested. (Due March 15, 2021)
2021-02-04
DISTRIBUTED for Conference of 2/19/2021.
2021-02-02
Waiver of right of respondent United States to respond filed.
2021-01-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 24, 2021)

Attorneys

Christopher Abbate
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
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent