No. 25-5860

Robert Matthew Bowman v. United States

Lower Court: Fifth Circuit
Docketed: 2025-10-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: child-pornography constitutional-limits criminal-statute federal-jurisdiction interstate-commerce statutory-interpretation
Latest Conference: 2025-11-14
Question Presented (AI Summary)

Whether 18 U.S.C. § 2252(a)(4)(B) authorizes conviction based on interstate movement of a phone containing child pornography without direct evidence linking possession to such movement, and whether Congress can impose criminal sanctions for conduct involving materials that have moved in interstate commerce

Question Presented (from Petition)

I. Whether 18 U.S.C. § 2252(a)(4)(B) author izes conviction upon proof that a phone containing child pornography once crossed state lines at an unspecified prior time, when there is no evidence that the possession of child pornography itself caused such movement? II. Whether Article I, Sect ion 8 of the United States Constitution permits Congress to impose criminal sanctions for all conduct undertaken using materials that have moved in interstate commerce, however remotely, whether or not the criminal conduct caused such movement?

Docket Entries

2025-11-17
Petition DENIED.
2025-10-30
DISTRIBUTED for Conference of 11/14/2025.
2025-10-28
Waiver of United States of right to respond submitted.
2025-10-28
Waiver of right of respondent United States to respond filed.
2025-10-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 10, 2025)

Attorneys

Robert Bowman
Loui Itoh MokodeanFederal Public Defender's Office NDTX, Petitioner
Loui Itoh MokodeanFederal Public Defender's Office NDTX, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent