No. 23-859

Zachary S. Spiegel v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-02-09
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: attempted-enticement circuit-split criminal-law criminal-statute free-speech mandatory-sentencing obscene-speech obscenity sentencing statutory-interpretation substantial-step
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-03-15
Question Presented (AI Summary)

Does speech alone constitute the 'substantial step' for a charge of attempted enticement of a minor?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Does speech alone (even obscene speech or “explicit sex talk”) constitute the “substantial step” for a charge of attempted enticement of a minor to engage in sexual activity in violation of 18 U.S.C. § 2422(b)? The Eleventh Circuit in this case said “yes” and sentenced the Petitioner to a mandatory ten-year prison sentence. On essentially the same set of facts, Judge Posner of the Seventh Circuit said “no” and entered as a matter of law a judgment of acquittal in favor of the defendant who was in the same position as the Petitioner. il B. PARTIES INVOLVED The parties involved are identified in the style of the case. iii C.

Docket Entries

2024-03-18
Petition DENIED.
2024-02-21
DISTRIBUTED for Conference of 3/15/2024.
2024-02-13
Waiver of right of respondent United States to respond filed.
2024-02-02
2023-12-08
Application (23A462) granted by Justice Thomas extending the time to file until February 2, 2024.
2023-12-04
Application (23A462) to extend further the time from January 3, 2024 to February 2, 2024, submitted to Justice Thomas.
2023-11-22
Application (23A462) granted by Justice Thomas extending the time to file until January 3, 2024.
2023-11-15
Application (23A462) to extend the time to file a petition for a writ of certiorari from December 4, 2023 to January 3, 2024, submitted to Justice Thomas.

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Zachary Spiegel
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner