No. 24-6253

Victor Clayton v. United States

Lower Court: Third Circuit
Docketed: 2025-01-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure motion-to-dismiss motion-to-withdraw plea-agreement rule-12 sex-trafficking
Key Terms:
DueProcess
Latest Conference: 2025-02-21
Question Presented (AI Summary)

Did the district court err in denying defendant's motion to dismiss under Rule of Criminal Procedure 12(b)(3) for sex trafficking charges and did the court err in denying defendant's motion to withdraw his guilty plea due to alleged government breach of plea agreement?

Question Presented (OCR Extract)

1. Did the district court err in denying defendant’s motion to dismiss pursuant to federal Rule of Criminal Procedure 12 (b)(3) counts One and Two of the Indictment charging sex trafficking of a minor for failure to state an offense? That is because the facts presented by the government in the defendant’s case, as applied, make out a wholly domestic offense that congress never intended to address when it enacted 18 U.S.C. § 1591 and is unconstitutional as applied to the defendant. 2. Did the district court err in denying defendant’s motion to withdraw his guilty plea because the government breached the plea agreement by including unconstitutional terms in the agreement?

Docket Entries

2025-02-24
Petition DENIED.
2025-01-23
DISTRIBUTED for Conference of 2/21/2025.
2025-01-17
Waiver of United States of right to respond submitted.
2025-01-17
Waiver of right of respondent United States to respond filed.
2024-12-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 7, 2025)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Victor Clayton
Luis A OrtizLaw Offices Of Luis A Ortiz, Petitioner