No. 24-7031

Christopher William Kuehner v. United States

Lower Court: Fourth Circuit
Docketed: 2025-04-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-violation evidence-sufficiency in-concert-element predicate-offenses subpoena-disclosure user-profile-access
Key Terms:
Privacy
Latest Conference: 2025-05-29
Question Presented (AI Summary)

Is the failure to disclose exculpatory subpoena returns until post-trial a Brady violation warranting conviction vacatur; does the 'in concert' element of 21 U.S.C. 2252A(g) require aggregate or individual predicate offenses; where outside access to a user profile exists, is evidence sufficient to convict

Question Presented (OCR Extract)

I. Is The Failure to Disclose Subpoena Returns that are Exculpatory and Directly Related to a Defense Theory Until Post-Trial and Only Upon Request a Violation of Brady¸ And Should the Remedy for the Violation be to Vacate the Conviction? II. Should the “In Concert” Element of 21 U.S.C. 2252A(g) be Met by the Aggregate of Predicate Offenses or Does the Statute Require that Each Predicate Offense be Committed in Concert with At Least Three Others? III. Where There is Evidence of Outside Access to a Defendant’s User Profile on an Exploitative Site, Is Evidence Sufficient to Convict, Especially Where the Offense Requires a Specific Number of Predicate Offenses Committed in Concert with Others

Docket Entries

2025-06-02
Petition DENIED.
2025-05-14
DISTRIBUTED for Conference of 5/29/2025.
2025-05-12
Waiver of United States of right to respond submitted.
2025-05-12
Waiver of right of respondent United States to respond filed.
2025-04-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 19, 2025)

Attorneys

Christopher William Kuehner
Lana Marie Manitta — Petitioner
Lana Marie Manitta — Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent