No. 21-7259

Keith Prescott Gace v. United States

Lower Court: Fifth Circuit
Docketed: 2022-03-02
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: child-pornography circuit-split d-c-circuit dost-factors federal-criminal-law first-amendment judicial-precedent lascivious-exhibition seventh-circuit statutory-interpretation
Key Terms:
JusticiabilityDoctri
Latest Conference: 2022-06-23
Question Presented (AI Summary)

Should a jury or court consider the Dost factors when determining whether a visual depiction of a minor constitutes a 'lascivious exhibition' for purposes of federal criminal statutes prohibiting child pornography?

Question Presented (from Petition)

QUESTION PRESENTED As a matter of statutory interpretation, should a jury or court consider the so-called Dost factors when determining whether a visual depiction of a minor constitutes a “lascivious exhibition” for purposes of federal criminal statutes prohibiting, among other things, the production or possession of child pornography, as the majority of federal courts of appeals have held, or should the Dost factors not be used because they are in conflict with this Court’s precedent and/or lack any basis in the text of the relevant statutes, as the First, Seventh, and D.C. Circuits and Tennessee Supreme Court have held? i

Docket Entries

2022-06-27
Petition DENIED.
2022-06-08
DISTRIBUTED for Conference of 6/23/2022.
2022-06-06
Reply of petitioner Keith Gace filed. (Distributed)
2022-05-25
Brief of respondent United States in opposition filed.
2022-04-27
Motion to extend the time to file a response is granted and the time is further extended to and including May 25, 2022.
2022-04-26
Motion to extend the time to file a response from May 2, 2022 to May 25, 2022, submitted to The Clerk.
2022-03-24
Motion to extend the time to file a response is granted and the time is extended to and including May 2, 2022.
2022-03-23
Motion to extend the time to file a response from April 1, 2022 to May 2, 2022, submitted to The Clerk.
2022-02-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2022)

Attorneys

Keith Gace
Kathryn ShephardFederal Public Defender, Petitioner
Kathryn ShephardFederal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent