No. 21-171

Joel Zupnik v. United States

Lower Court: Eighth Circuit
Docketed: 2021-08-05
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: ' 'entice ' 'induce ' or 'coerce' in 18 U.S.C. § 2422(b) require more circuit-split criminal-law due-process federal-jurisdiction federal-state-balance federalism interstate-commerce mens-rea minor-protection sentencing sexual-offense statutory-interpretation
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-12-03 (distributed 2 times)
Question Presented (AI Summary)

Whether the verbs in 18 U.S.C. § 2422(b) require the defendant to transform the minor's will or merely attempt to cause unlawful sexual activity

Question Presented (from Petition)

QUESTION PRESENTED Title 18 U.S.C. § 2422(b) prohibits using a facility or means of interstate commerce to “persuad|[e], induc[e], entic[e], or coerc[e]” a minor to engage in any sexual activity that is forbidden by state law, subject to a tenyear mandatory minimum sentence. The question presented is whether those quoted verbs sweep in any conduct that simply attempts to cause commission of unlawful sexual activity (as the court below and some other Circuits have held), or whether the verbs also require something more—an effort by the defendant to transform the minor’s will, alter the minor’s mental state, or otherwise secure the minor’s assent (as several other Circuits have held).

Docket Entries

2021-12-06
Petition DENIED.
2021-11-16
DISTRIBUTED for Conference of 12/3/2021.
2021-11-10
Reply of petitioner Joel Zupnik filed.
2021-10-27
Brief of respondent United States in opposition filed.
2021-09-23
Motion to extend the time to file a response is granted and the time is extended to and including October 27, 2021.
2021-09-22
Motion to extend the time to file a response from September 27, 2021 to October 27, 2021, submitted to The Clerk.
2021-08-26
Response Requested. (Due September 27, 2021)
2021-08-18
DISTRIBUTED for Conference of 9/27/2021.
2021-08-16
Waiver of right of respondent United States to respond filed.
2021-08-03
Petition for a writ of certiorari filed. (Response due September 7, 2021)

Attorneys

Joel Zupnik
Jacob Moshe RothJones Day, Petitioner
Jacob Moshe RothJones Day, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent