No. 22-6267

Mack Doak v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-12-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-interpretation criminal-law criminal-statute due-process federal-jurisdiction indictment indictment-requirements interstate-commerce interstate-travel sexual-offense statutory-interpretation
Key Terms:
FifthAmendment
Latest Conference: 2023-01-06
Question Presented (AI Summary)

What connection must exist between the defendant's travel and the unlawful sexual act or sexual activity to support the exercise of federal jurisdiction under these statutes?

Question Presented (from Petition)

QUESTIONS PRESENTED Petitioner was convicted under 18 U.S.C. § 2241(c), which criminalizes “cross[ing] a state line with intent to engage in a sexual act with a person who has not attained the age of 12 years,” and 18 U.S.C. § 2423(a), which criminalizes “knowingly transport[ing] an individual who has not attained the age of 18 years in interstate or foreign commetce, or in any commonwealth, territory or possession of the United States, with intent that the individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense.” The two questions presented are: (1) What connection must exist between the defendant’s travel and the unlawful sexual act or sexual activity to support the exercise of federal jurisdiction under these statutes? (2) What do the Constitution and Rule 7 of the Federal Rules of Criminal Procedure require the government to charge in an indictment when the statute defining the offense contains a generic phrase such as “any sexual activity for which any person can be charged with a criminal offense” that potentially encompasses a multitude of crimes? i INTERESTED PARTIES All parties do not appear in the caption of the case on the cover page. Mack Doak’s wife and co-defendant, Jaycee Doak, is an additional party to the proceeding.

Docket Entries

2023-01-09
Petition DENIED.
2022-12-22
DISTRIBUTED for Conference of 1/6/2023.
2022-12-14
Waiver of right of respondent United States to respond filed.
2022-12-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 9, 2023)

Attorneys

Mack Doak
Kristen Leigh Gartman RogersFederal Defenders Organization, Petitioner
Kristen Leigh Gartman RogersFederal Defenders Organization, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent