No. 23-6161

Norman Javier Herrera Pastran v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-12-04
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: commerce-clause criminal-law criminal-statute due-process first-amendment free-speech internet-access sex-offender supervised-release
Key Terms:
FirstAmendment
Latest Conference: 2024-05-09 (distributed 2 times)
Question Presented (AI Summary)

Whether the constitutional holding of Packingham v. North Carolina applies to individuals on supervised release

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the constitutional holding of Packingham v. North Carolina, 137 S. Ct. 1730 (2017)—which recognized a First Amendment right to access the Internet for sex offenders who had completed their sentences—applies to individuals on supervised release.! 2. Whether 18 U.S.C. § 2251(a), which makes it a federal crime to induce a minor to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct, in any case where the depiction was “produced ... using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce,” exceeds Congress’ powers under the Commerce Clause, U.S Const. art. I, § 8, cl. 3. 1 A similar question is presented in Finnell v. United States, U.S. No. 23-5835 (pet. filed Oct. 16, 2023). i INTERESTED PARTIES Pursuant to Sup. Ct. R. 14.1(b)(i), Mr. Herrera Pastran submits that there are no

Docket Entries

2024-05-13
Petition DENIED.
2024-04-18
DISTRIBUTED for Conference of 5/9/2024.
2024-04-15
Reply of petitioner Norman Javier Herrera Pastran filed.
2024-04-03
Brief of respondent United States in opposition filed.
2024-02-23
Motion to extend the time to file a response is granted and the time is further extended to and including April 3, 2024.
2024-02-22
Motion to extend the time to file a response from March 4, 2024 to April 3, 2024, submitted to The Clerk.
2024-01-24
Motion to extend the time to file a response is granted and the time is extended to and including March 4, 2024.
2024-01-23
Motion to extend the time to file a response from February 2, 2024 to March 4, 2024, submitted to The Clerk.
2024-01-03
Response Requested. (Due February 2, 2024)
2023-12-14
DISTRIBUTED for Conference of 1/5/2024.
2023-12-07
Waiver of right of respondent United States to respond filed.
2023-11-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2024)

Attorneys

Norman Javier Herrera Pastran
Tracy M. DreispulFederal Public Defender Southern District of Fl, Petitioner
Tracy M. DreispulFederal Public Defender Southern District of Fl, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent