No. 24-264

Jay A. Liestman v. United States

Lower Court: Seventh Circuit
Docketed: 2024-09-09
Status: Denied
Type: Paid
Experienced Counsel
Tags: child-pornography circuit-split federal-law sentencing-enhancement state-law statutory-interpretation
Key Terms:
Securities JusticiabilityDoctri
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Whether a state offense involving child pornography can serve as a predicate for federal sentencing enhancement under 18 U.S.C. § 2252(b)(1) when the state statute's definition differs from federal law

Question Presented (from Petition)

QUESTION PRESENTED 18 U.S.C. § 2252(b)(1) imposes an increased mandatory minimum and maximum sentence on a defendant who “has a prior conviction . . . under the laws of any State relating to... the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography.” The question presented is: Whether the sentencing enhancement in Section 2252(b)(1) covers only convictions under state statutes that define “child pornography” in the same manner or more narrowly than federal law (as two circuits have concluded), or if instead the mandatory minimum reaches to include defendants convicted of state offenses that stretch beyond the federal definition of child pornography (as five circuits hold).

Docket Entries

2025-01-13
Petition DENIED.
2024-12-18
DISTRIBUTED for Conference of 1/10/2025.
2024-12-17
Reply of Jay A. Liestman submitted.
2024-12-17
2024-12-02
Brief of respondent United States in opposition filed.
2024-11-22
Motion to extend the time to file a response is granted and the time is further extended to and including November 29, 2024.
2024-11-21
Motion to extend the time to file a response from November 22, 2024 to November 29, 2024, submitted to The Clerk.
2024-10-30
Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2024.
2024-10-29
Motion to extend the time to file a response from November 8, 2024 to November 22, 2024, submitted to The Clerk.
2024-10-03
Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2024.
2024-10-01
Motion to extend the time to file a response from October 9, 2024 to November 8, 2024, submitted to The Clerk.
2024-09-05
2024-07-23
Application (23A1167) granted by Justice Barrett extending the time to file until September 5, 2024.
2024-07-17
Application (23A1167) to extend further the time from August 7, 2024 to September 5, 2024, submitted to Justice Barrett.
2024-06-28
Application (23A1167) granted by Justice Barrett extending the time to file until August 7, 2024.
2024-06-25
Application (23A1167) to extend the time to file a petition for a writ of certiorari from July 7, 2024 to August 7, 2024, submitted to Justice Barrett.

Attorneys

Jay A. Liestman
Jeffrey L. FisherO'Melveny & Myers LLP, Petitioner
Jeffrey L. FisherO'Melveny & Myers LLP, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent