No. 21-7624

Wilfredo Lee Lopez v. United States

Lower Court: Ninth Circuit
Docketed: 2022-04-14
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: circuit-split constructive-amendment criminal-enticement criminal-law due-process fifth-amendment indictment predicate-offense statutory-interpretation
Key Terms:
FifthAmendment JusticiabilityDoctri
Latest Conference: 2022-09-28 (distributed 2 times)
Question Presented (AI Summary)

Does 18 U.S.C. § 2422(b) require proof of a specific predicate offense?

Question Presented (OCR Extract)

Questions Presented 1. Does 18 U.S.C. § 2422(b), which criminalizes the attempted enticement of a minor to engage in “sexual activity for which any person can be charged with a criminal offense,” include an element requiring the government to charge and prove that the object sexual activity would violate a particular predicate offense, or is the specific predicate offense merely a means of satisfying the § 2422(b) charge? 2. Regardless of whether the predicate offense is itself an element of § 2422(b), does a Court of Appeals constructively amend an indictment in violation of the Fifth Amendment by sustaining a § 2422(b) conviction based on a different predicate offense than the one that was in fact specified in the indictment and upon which the defendant was actually convicted at trial? i

Docket Entries

2022-10-03
Petition DENIED.
2022-09-08
DISTRIBUTED for Conference of 9/28/2022.
2022-09-07
Reply of petitioner Wilfredo Lee Lopez filed. (Distributed)
2022-08-24
Brief of respondent United States in opposition filed.
2022-07-08
Motion to extend the time to file a response is granted and the time is further extended to and including August 24, 2022.
2022-07-07
Motion to extend the time to file a response from July 25, 2022 to August 24, 2022, submitted to The Clerk.
2022-06-17
Motion to extend the time to file a response is granted and the time is extended to and including July 25, 2022.
2022-06-16
Motion to extend the time to file a response from June 24, 2022 to July 25, 2022, submitted to The Clerk.
2022-05-25
Response Requested. (Due June 24, 2022)
2022-05-18
DISTRIBUTED for Conference of 6/2/2022.
2022-05-12
Waiver of right of respondent United States to respond filed.
2022-04-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 16, 2022)
2022-03-07
Application (21A472) granted by Justice Kagan extending the time to file until April 13, 2022.
2022-03-03
Application (21A472) to extend the time to file a petition for a writ of certiorari from March 14, 2022 to April 13, 2022, submitted to Justice Kagan.

Attorneys

United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Wilfredo Lee Lopez
Joshua D. WeissOffice of the Federal Public Defender, Petitioner
Joshua D. WeissOffice of the Federal Public Defender, Petitioner