No. 25-5685

Anthony Lemicy v. United States

Lower Court: Eighth Circuit
Docketed: 2025-09-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: child-exploitation constitutional-violation criminal-procedure evidentiary-sufficiency specific-intent statutory-interpretation
Key Terms:
DueProcess FifthAmendment Punishment JusticiabilityDoctri
Latest Conference: 2025-10-17
Question Presented (AI Summary)

Can the government prove specific intent of 'use' without minor testimony, relying solely on circumstantial evidence and images, in violation of federal child exploitation statutes?

Question Presented (OCR Extract)

I. CAN THE GOVERNMENT PROVE THE SPECIFIC INTENT OF "USE" "FOR THE PURPOSE" WITHOUT THE MINORS TESTIFYING(direct evidence), OR CIRCUMSTANTIAL EVIDENCE(hot line tip, captions on the videos, etc.), WITH NOTHING MORE THAN JUST THE IMAGES THEMSELVES IN VIOLATION OF 18 U.S.C. §2251(a), and 18 U.S.C. §2256(2)(A)(v)? IIDOES A FEDERAL JUDGE HAVE TO CONDUCT A THOROUGH DIALOGUE ON THE RECORD TO MAKE SURE A DEFENDANT, SHACKLED OR NOT, PRO_SE OR REPRESENTED, KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO TESTIFY, AND DOES THE SUFFICIENCY OF THE EVIDENCE WHICH CAME ABOUT AFTER ALL THE EVIDENCE OVERRIDES THE CONSTITUTIONAL VIOLATION THAT BEGAN AT THE START OF THE TRIAL? III.WAS THE PETITIONERS SENTENCE MISCALCULATED AND UNREASONABLE DUE TO THE JUDGE BEING VINDICTIVE AND NOT STRAYING FROM THE "DRACONIAN MANDATE" OF THE FEENEY AMENDMENT IBILL? IV

Docket Entries

2025-10-20
Petition DENIED.
2025-10-02
DISTRIBUTED for Conference of 10/17/2025.
2025-09-30
Waiver of right of respondent United States to respond filed.
2025-06-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 20, 2025)
2025-05-02
Application (24A1055) granted by Justice Kavanaugh extending the time to file until June 16, 2025.
2025-04-14
Application (24A1055) to extend the time to file a petition for a writ of certiorari from April 17, 2025 to June 16, 2025, submitted to Justice Kavanaugh.

Attorneys

Anthony Lemicy
Anthony Lemicy — Petitioner
United States
D. John SauerSolicitor General, Respondent