No. 23-5859

Matthew Steven Hackney v. United States

Lower Court: Fifth Circuit
Docketed: 2023-10-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: child-pornography commerce-clause constitutional-interpretation criminal-law criminal-statute due-process federal-jurisdiction interstate-commerce statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-11-17
Question Presented (AI Summary)

Whether 18 U.S.C. § 2251 and § 2252(a)(5)(B) authorize convictions upon proof that materials used to produce or possess child pornography once crossed state lines at an unspecified prior occasion, when there is no evidence that the production or possession of child pornography itself caused such movement?

Question Presented (from Petition)

QUESTIONS PRESENTED Whether 18 U.S.C. § 2251 and § 2252(a)(5)(B) authorize convictions upon proof that materials used to produce or possess child pornography once crossed state lines at an unspecified prior occasion, when there is no evidence that the production or possession of child pornography itself caused such movement? Whether Article I, Section 8 of the United States Constitution permits Congress to impose criminal sanctions for all conduct undertaken using materials that have moved in interstate commerce, however remotely, whether or not the criminal conduct caused such movement? ii

Docket Entries

2023-11-20
Petition DENIED.
2023-11-02
DISTRIBUTED for Conference of 11/17/2023.
2023-10-25
Waiver of right of respondent United States to respond filed.
2023-10-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 22, 2023)

Attorneys

Matthew Steven Hackney
Michael Lance HermanFederal Public Defender, Petitioner
Michael Lance HermanFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent