No. 23-6297

Kevin Hewlett v. United States

Lower Court: Fourth Circuit
Docketed: 2023-12-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-2251 cellphone-evidence child-pornography commerce-clause criminal-conduct criminal-law criminal-procedure interstate-commerce jury-instruction mens-rea
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-01-19
Question Presented (AI Summary)

Whether the use of a cellphone in criminal conduct is a sufficient nexus to interstate commerce

Question Presented (from Petition)

QUESTIONS PRESENTED 1) Whether the use of an cellphone in criminal conduct is, by itself, a sufficient nexus to interstate commerce to satisfy the commerce clause; 2) Whether the trial court erroneously instructed the jury as to the mens rea required to produce child pornography in violation of 18 U.S.C. § 2251 (a). PARTIES The caption of the case in this Court contains all the parties (petitioner Kevin Hewlett and respondent United States).

Docket Entries

2024-01-22
Petition DENIED.
2024-01-04
DISTRIBUTED for Conference of 1/19/2024.
2023-12-29
Waiver of right of respondent United States of America to respond filed.
2023-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2024)

Attorneys

Kevin Hewlett
John Cady Kiyonaga — Petitioner
John Cady Kiyonaga — Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent