No. 23-5429

Tywan Sykes v. United States

Lower Court: Sixth Circuit
Docketed: 2023-08-24
Status: Denied
Type: IFP
IFP
Tags: 18-usc-2251 4th-amendment child-exploitation civil-rights fourth-amendment governmental-entity internet-service-provider private-search-doctrine recidivist-enhancement standing statutory-interpretation
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Whether the National Center for Missing and Exploited Children is a Governmental Entity

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the National Center for Missing and Exploited Children is a Governmental Entity as held by the Tenth Circuit Court of Appeals in United States v. Ackerman, 831 F.3d 1291 (10" Cir. 2016)? 2. If the NCMEC is a Governmental Entity, can an Internet Service Provider such as Facebook claim a legitimate business purpose in monitoring its platform and be deemed a private party and not a government agent for Fourth Amendment purposes? 3. Whether the multiple-count recidivist enhancement in 18°U.S.C. §2251(e) defines sexual exploitation offenses under state law to include offenses unrelated to child pornography and that are not included in that part of the statute? A

Docket Entries

2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-11-22
Brief of respondent United States in opposition filed.
2023-10-13
Motion to extend the time to file a response is granted and the time is further extended to and including November 22, 2023.
2023-10-12
Motion to extend the time to file a response from October 25, 2023 to November 22, 2023, submitted to The Clerk.
2023-09-22
Motion to extend the time to file a response is granted and the time is extended to and including October 25, 2023.
2023-09-20
Motion to extend the time to file a response from September 25, 2023 to October 25, 2023, submitted to The Clerk.
2023-08-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 25, 2023)

Attorneys

Tywan Sykes
Mark Edwin BrownMenefee & Brown, P.C., Petitioner
Mark Edwin BrownMenefee & Brown, P.C., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent