No. 21-5631

Elton Vallare v. United States

Lower Court: Fifth Circuit
Docketed: 2021-09-09
Status: Dismissed
Type: IFP
IFP Experienced Counsel
Tags: child-pornography circuit-split criminal-law federal-statute interstate-commerce statutory-interpretation unit-of-prosecution
Key Terms:
Environmental SocialSecurity Securities
Latest Conference: N/A
Question Presented (AI Summary)

What is the unit of prosecution under 18 U.S.C. § 2252A(a)(5)(B)?

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW 18 U.S.C. § 2252A(a)(5)(B) provides: Any person who ... knowingly possesses, or knowingly accesses with intent to view, any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography that has been mailed, or shipped or transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer, or that was produced using materials that have been mailed, or shipped or transported in or affecting interstate or foreign commerce by any means, including by computer[.] (emphasis added). The question presented is: What is the unit of prosecution under § 2252A(a)(5)(B)? No. In the Supreme Court of the United States ELTON VALLARE, PETITIONER, V. UNITED STATES OF AMERICA, RESPONDENT PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Petitioner Elton Vallare asks that a writ of certiorari issue to review the opinion and judgment entered by the United States Court of Appeals for the Fifth Circuit on April 8, 2021.

Docket Entries

2021-12-03
Petition Dismissed - Rule 46.
2021-11-12
Brief of respondent United States in opposition filed.
2021-11-12
Motion to dismiss the petition for a writ of certiorari pursuant to Rule 46 filed by petitioner Elton Vallare.
2021-10-06
Motion to extend the time to file a response is granted and the time is extended to and including November 12, 2021. See Rule 30.1
2021-10-05
Motion to extend the time to file a response from October 12, 2021 to November 11, 2021, submitted to The Clerk.
2021-09-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 12, 2021)

Attorneys

Elton Vallare
Bradford Wayne BoganFederal Public Defender for the Western District o, Petitioner
Bradford Wayne BoganFederal Public Defender for the Western District o, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent