No. 24-6525

Richard Stephens Terry v. United States

Lower Court: Eleventh Circuit
Docketed: 2025-02-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability circuit-conflict criminal-procedure federal-law statutory-interpretation substantial-step
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2025-03-07
Question Presented (AI Summary)

Whether the Eleventh Circuit's interpretation of the substantial step element under 18 U.S.C. § 2422(b) is unconstitutional and conflicts with other federal circuit decisions

Question Presented (OCR Extract)

Mr. Terry's 18 U.S.C. § 2422(b) conviction was unconstitutionally acquired due to the wrongful interpretation by the Eleventh Circuit of that crime's substantial step element which is in con flict with this Court and other Circuit decisons and by the appeals court's successive refusal to allow him a certificate of appealability so he may pursue his arguments through the appeals process. Questions of federal importance have arisen which requires this Court's analysis and decision to settle the matter in order to protect Mr. Terry's rights along with those others similarly thus situated : 1. Did the Eleventh Circuit err in denying a certificate of appealability when its appeals court made such decision off of the Circuit's wrongful evaluation of what constitutes a violation of the substantial step element under 18 U.S.C. § 2422(b) when a petitioner brings such an issue to light? 2. Is the Eleventh Circuit's analysis of 18 U.S.C. § 2422(b)'s substantial step element unconstitutional when it conflicts with the interpretation decided by all other federal circuits and thus creates a matter of constitutional dimensions appertaining to the guilt or innocence of a defendant? 3. Did the Eleventh Circuit Court of Appeals err in allowing each district court to decide what constitutes a violation of 18 U.S.C. 2422(b)'s substantial step element, thus allowing conflict ing outcomes which would allow one defendant to go free but another defendant under the exact same of facts, to receive up to life im prisonment depending on which district court tried the defendant's case? i

Docket Entries

2025-03-10
Petition DENIED.
2025-02-20
DISTRIBUTED for Conference of 3/7/2025.
2025-02-18
Waiver of United States of right to respond submitted.
2025-02-18
Waiver of right of respondent United States to respond filed.
2024-12-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 12, 2025)

Attorneys

Richard Stephens Terry
Richard S. Terry — Petitioner
United States
Sarah M. HarrisActing Solicitor General, Respondent