No. 24-5109

Clinton Mark Lewis v. United States

Lower Court: Ninth Circuit
Docketed: 2024-07-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-2252 child-pornography circuit-split circumstantial-evidence criminal-law evidence-standard federal-statute image-specific ninth-circuit statutory-interpretation tenth-circuit
Key Terms:
FifthAmendment DueProcess
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Is the charge of possession or accessing child pornography under 18 U.S.C. § 2252(a)(4)(B) 'image specific'?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW 1. Is the charge of possession or accessing child pornography under 18 U.S.C. § 2252(a)(4)(B) “image specific” in that it requires proof that the defendant knowingly possessed or accessed the images charged in the indictment, as the Tenth Circuit has held, or may the Government obtain a conviction based on circumstantial evidence that a defendant possessed or accessed other, uncharged images, which were not found on the defendant’s computer, were not produced to the jury for them to determine if the images were child pornography, and cannot now be viewed or accessed, as the Ninth Circuit held in this case? i

Docket Entries

2024-10-07
Petition DENIED.
2024-08-08
DISTRIBUTED for Conference of 9/30/2024.
2024-07-30
Waiver of United States of America of right to respond submitted.
2024-07-30
Waiver of right of respondent United States of America to respond filed.
2024-06-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 19, 2024)

Attorneys

Clinton Lewis
Randal Boyd McDonaldLaw Office of Randal B. McDonald, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent