No. 20-8072

Byron Montijo-Maysonet v. United States

Lower Court: First Circuit
Docketed: 2021-05-19
Status: Denied
Type: IFP
IFP
Tags: commerce-clause criminal-law due-process equal-protection internet-crimes internet-enticement minors statutory-interpretation
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Is 18 U.S.C. § 2422(b)'s internet-based enticement element satisfied when two people who already know each other have sex after exchanging non-specific, non-sexual text messages to arrange their meeting?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. The enticement of minors over the internet is criminalized under 18 U.S.C. § 2422(b). The First Circuit upheld the § 2422(b) conviction below based on nonsexual messages between petitioner and a minor after they first met in person. The message arranged a second in-person meeting when the two had sex. Is § 2422(b)’s internet-based enticement element satisfied when two people who already know each other have sex after exchanging non-specific, non-sexual text messages to arrange their meeting? 2. Under 18 U.S.C. § 2423(a), if an adult transports a minor for criminal sexual activity, it is not a federal crime in a U.S. state unless a state border is crossed. In contrast, within Puerto Rico and some U.S. territories, the same conduct is criminalized under § 2423(a). While this Court has applied rational basis review to civil laws discriminating against Puerto Rico residents, the standard remains at issue in United States v. Vaello-— Madero and has not been extended to criminal laws. Does § 2423(a) violate the equal protection component of the Due Process Clause of the Fifth Amendment and the Commerce Clause? -i

Docket Entries

2021-10-04
Petition DENIED.
2021-07-08
DISTRIBUTED for Conference of 9/27/2021.
2021-07-07
Reply of petitioner Byron Montijo-Maysonet filed. (Distributed)
2021-06-21
Brief of respondent United States of America in opposition filed.
2021-05-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 18, 2021)

Attorneys

Byron Montijo-Maysonet
Kevin Edward LermanFederal Public Defender, District of Puerto Rico, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent