No. 22-6039

Jonathan Francis Kimbrell v. United States

Lower Court: Fifth Circuit
Docketed: 2022-11-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-law criminal-solicitation due-process entrapment entrapment-defense federal-criminal-law internet-crimes law-enforcement-conduct predisposition sexual-offense sexual-offenses undercover-operations
Key Terms:
JusticiabilityDoctri
Latest Conference: 2022-12-09
Question Presented (AI Summary)

Was Kimbrell entitled to an entrapment instruction?

Question Presented (OCR Extract)

Question Presented Two FBlagents, posing as two parents and their unrealistically precocious | 1-year-old child, convinced Kimbrell that the child was desperately wanting to have sex with an adult, that such sexual activity would be highly beneficial for her, and that Kimbrell was uniquely qualified for the job. Kimbrell, a sex-addict who spent years seeking sexual partners on the internet, had never before engaged in any illegal conduct involving children. Was Kimbrell entitled to an entrapment instruction, notwithstanding his apparent eagerness to continue the months long on-line negotiation with the agents that let up to a proposed encounter with the non-existent victim? -i

Docket Entries

2022-12-12
Petition DENIED.
2022-11-23
DISTRIBUTED for Conference of 12/9/2022.
2022-11-15
Waiver of right of respondent United States of America to respond filed.
2022-11-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 12, 2022)

Attorneys

Jonathan Kimbrell
Christopher Albert AberleChristopher A. Aberle, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent