No. 21-5141

Terrance Tyrell Edwards v. United States

Lower Court: Ninth Circuit
Docketed: 2021-07-20
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: commercial-sex-trafficking conclusive-presumption criminal-procedure due-process interstate-commerce jury-instruction jury-instructions plain-error
Key Terms:
DueProcess
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Is evidence that establishes only the use of cellular-telephones, internet, hotels sufficient to find the interstate-commerce element for commercial-sex-trafficking under 18-USC-1591(a)?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Is evidence that establishes only the use of cellular telephones, the Internet or hotels by a defendant, without any evidence of how the use of these means, facilities or businesses were “in or affect[ed] interstate commerce,” sufficient to find the interstate commerce element for commercial sex trafficking under 18 U.S.C. § 1591(a)? 21 Does a Jury instruction that directs the jury that, “as a matter of law,” the interstate commerce element for commercial sex trafficking in 18 U.S.C. § 1591 (a) is met if the jury finds beyond a reasonable doubt that the offense involved the use of cellular telephones, the Internet or hotels constitute a conclusive presumption that violates a criminal defendant’s right due process? a. If such an instruction is erroneous in that it contains an unconstitutional conclusive presumption, is that error obvious or plain as contemplated under the plain error standard of review? A

Docket Entries

2021-10-04
Petition DENIED.
2021-07-29
DISTRIBUTED for Conference of 9/27/2021.
2021-07-26
Waiver of right of respondent United States of America to respond filed.
2021-07-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 19, 2021)

Attorneys

Stephen Hormel
Stephen R. HormelHormel law Office, LLC, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent