No. 24-5883

Charles Victor Flint v. United States

Lower Court: Tenth Circuit
Docketed: 2024-10-31
Status: Denied
Type: IFP
IFP
Tags: child-pornography circuit-split criminal-sentencing federal-offense recidivism-enhancement statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2025-03-07
Question Presented (AI Summary)

Whether a state sexual offense that criminalizes conduct more broadly than federal offenses triggers a mandatory minimum sentence under 18 U.S.C. § 2252A(b)(2)

Question Presented (from Petition)

QUESTION PRESENTED Under 18 U.S.C. § 2252A(b)(2), a defendant convicted of possessing child : pornography is subject to a 10-year mandatory minimum prison sentence if he has a prior state conviction “relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, ' mailing, sale, distribution, shipment, or transportation of child pornography .. . .” The question presented, on which the circuits are divided, is: Whether § 2252A(b)(2)’s recidivism enhancement applies to a state sexual offense that criminalizes conduct more broadly than the corresponding federal offenses of aggravated sexual abuse, sexual abuse, sexual abuse of a minor, or those covering child pornography. RELATED CASES Final judgment entered in the United States District Court for the District of Wyoming on October 2, 2023. United States v. Flint, no. 2:23-cr-00067-ABJ-1 (D. Wyo.) (Oct. 2, 2028). The Tenth Circuit Court of Appeals affirmed judgment in an unpublished opinion on July 30, 2024. United States v. Flint, no. 23-8069 (10th Cir. July 30, 2024).

Docket Entries

2025-03-10
Petition DENIED.
2025-02-20
DISTRIBUTED for Conference of 3/7/2025.
2025-01-31
Brief of United States in opposition submitted.
2025-01-31
Brief of respondent United States in opposition filed.
2024-12-19
Motion to extend the time to file a response is granted and the time is further extended to and including January 31, 2025.
2024-12-18
Motion of United States for an extension of time submitted.
2024-12-18
Motion to extend the time to file a response from January 2, 2025 to January 31, 2025, submitted to The Clerk.
2024-11-27
Motion to extend the time to file a response is granted and the time is extended to and including January 2, 2025.
2024-11-26
Motion to extend the time to file a response from December 2, 2024 to January 2, 2025, submitted to The Clerk.
2024-10-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 2, 2024)

Attorneys

Charles Flint
Jon W. GrevilliusFederal Public Defender's Office, Petitioner
Jon W. GrevilliusFederal Public Defender's Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent