No. 24-6077

Christian Ricardo Carrillo Topete v. United States

Lower Court: Eighth Circuit
Docketed: 2024-12-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split criminal-law prior-conviction sentencing-enhancement sexual-abuse statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Whether a sentencing court should consult Chapter 109A offenses when determining a Chapter 110 sentencing enhancement for prior sexual abuse convictions

Question Presented (OCR Extract)

QUESTION PRESENTED Chapter 110 of the U.S. Code provides for a statutory sentencing enhancement for any defendant convicted of a child pornography offense after a “prior conviction ... under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward.” 18 U.S.C. § 2252A(b)(2). The term “relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward” is undefined in Chapter 110. Chapter 109A includes the crimes of aggravated sexual abuse; sexual abuse; and sexual abuse of a minor, a ward, or an individual in federal custody. See 18 U.S.C. §§ 2241-2243. This case presents a question that has split the circuits: should a sentencing court consult the Chapter 109A offenses of aggravated sexual abuse; sexual abuse; and sexual abuse of a minor, a ward, or an individual in federal custody when deciding whether a defendant qualifies for a Chapter 110 sentencing enhancement based on a prior conviction “relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward?” i

Docket Entries

2025-01-13
Petition DENIED.
2024-12-19
DISTRIBUTED for Conference of 1/10/2025.
2024-12-12
Waiver of United States of right to respond submitted.
2024-12-12
Waiver of right of respondent United States to respond filed.
2024-12-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 6, 2025)

Attorneys

Christian Carrillo Topete
Bradley Ryan HansenFederal Defender's Office, Petitioner
Bradley Ryan HansenFederal Defender's Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent