No. 20-8039

Matthew J. O'Neal v. United States

Lower Court: Sixth Circuit
Docketed: 2021-05-17
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: child-pornography criminal-law eighth-amendment mandatory-minimum sentencing sentencing-enhancement sexual-abuse statutory-interpretation
Key Terms:
Arbitration
Latest Conference: 2021-06-10 (distributed 2 times)
Question Presented (AI Summary)

Whether the Sixth Circuit erred by expanding the scope of the 'relating to' language in 18 U.S.C. §2252A(b)(2) to include conduct under a state statute that does not fall within the generic offense of sexual abuse?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Under 18 U.S.C. § 2252A(a)(5)(B) and § 2252A(b)(2), possession of an image of child pornography of a prepubescent minor or a minor who had not attained 12 years of age ordinarily carries a penalty of not more than 20 years imprisonment. Section 2252A(b)(2), however, provides in relevant part that a if such person has a prior conviction ... under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be ... imprisoned for not less than 10 years nor more than 20 years. ; This case involves the proper interpretation and scope of the “relating to” , language in §2252A(b)(2). The Sixth Circuit has given that statutory language such an expansive reading that it encompasses conduct under a state statute that does not meet the generic offense of sexual abuse. The questions presented are: I. Whether the Sixth Circuit erred by expanding the scope of the . “relating to” language in 18 U.S.C. §2252A(b)(2) to include conduct under a state statute that does not fall within the generic offense of sexual abuse? Il. Whether a 10-year mandatory minimum. sentence that is triggered by an inchoate misdemeanor conviction constitutes , cruel and unusual punishment in violation of the Eighth Amendment? i 4 a ;

Docket Entries

2021-06-14
Petition DENIED.
2021-05-26
DISTRIBUTED for Conference of 6/10/2021.
2021-05-21
Waiver of right of respondent United States to respond filed.
2021-05-17
Motion (20M77) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2021-04-21
MOTION (20M77) DISTRIBUTED for Conference of 5/13/2021.
2021-04-09
Motion (20M77) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2021-04-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 16, 2021)

Attorneys

Matthew J. O'Neal
Frank W. Heft Jr. — Petitioner
Frank W. Heft Jr. — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent