Gregory S. Simpson v. United States
DueProcess
Is it a constitutional due process violation for Petitioner's guilty plea to distribution of indecent images to be accepted based on a theory that he 'aided and abetted' a distribution of indecent images to himself, when the only individuals involved were the distributor and Petitioner as the recipient?
QUESTIONS PRESENTED 1. Is it a constitutional due process violation for Petitioner’s guilty plea to distribution of indecent images to be accepted based on a theory that he “aided and abetted” a distribution of indecent images to himself, when the only individuals involved were the distributor and Petitioner as the recipient? 2. Is it a constitutional due process violation for Petitioner to be convicted for another’s non-criminal act of sending indecent images to Petitioner, and when his receipt and possession of the images were also not criminal acts? 3. What is the mens rea required for an aider and abettor to incur criminal liability when the penal law applicable to the aider and abettor requires a general intent, but the penal law applicable to the principal requires specific intent?