No. 25-6010

Karl Patrick Kluge v. United States

Lower Court: Eleventh Circuit
Docketed: 2025-10-31
Status: Pending
Type: IFP
Response RequestedResponse WaivedIFP
Tags: child-exploitation criminal-punishment jury-finding mandatory-minimum restitution sixth-amendment
Key Terms:
JusticiabilityDoctri
Latest Conference: 2025-12-05
Question Presented (AI Summary)

Does the Sixth Amendment require a jury to find the facts needed to justify a restitution order meeting or exceeding the $3,000 mandatory minimum for child exploitation offenses?

Question Presented (OCR Extract)

In 2018, Congress enacted the Amy, Vicky, and Andy Child Pornography Victim Assistance Act, which established a mandatory minimum restitution amount of $3,000 per victim for certain child exploitation offenses. See 18 U.S.C. § 2259(b)(2)(B). As this Court has repeatedly held, the Sixth Amendment guarantees a right to have a jury find all the facts necessary to criminal punishment. Thus, a jury must find any fact that increases the statutory maximum penalty, Apprendi v. New Jersey , 530 U.S. 466 (2000), as well as any fact that increases the mandatory minimum, Alleyne v. United States, 570 U.S. 99, 103 (2013). This bedrock constitutional rule applies “broadly” to all forms of criminal punishment, including monetary penalties like fines. Southern Union Co. v. United States , 567 U.S. 343, 350 (2012). The question presented is: Does the Sixth Amendment require a jury to find the facts needed to justify a restitution order meeting or exceeding § 2259(b)(2)(B)’s $3,000 mandatory minimum?

Docket Entries

2026-01-29
Motion to extend the time to file a response is granted and the time is further extended to and including March 19, 2026.
2026-01-28
Motion of United States for an extension of time submitted.
2026-01-28
Motion to extend the time to file a response from February 17, 2026 to March 19, 2026, submitted to The Clerk.
2026-01-09
Motion to extend the time to file a response is granted and the time is further extended to and including February 17, 2026.
2026-01-07
Motion of United States for an extension of time submitted.
2026-01-07
Motion to extend the time to file a response from January 16, 2026 to February 17, 2026, submitted to The Clerk.
2025-12-15
Motion to extend the time to file a response is granted and the time is extended to and including January 16, 2026.
2025-12-11
Motion of United States for an extension of time submitted.
2025-12-11
Motion to extend the time to file a response from December 17, 2025 to January 16, 2026, submitted to The Clerk.
2025-11-17
Response Requested. (Due December 17, 2025)
2025-11-13
DISTRIBUTED for Conference of 12/5/2025.
2025-11-07
Waiver of United States of right to respond submitted.
2025-11-07
Waiver of right of respondent United States to respond filed.
2025-10-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 1, 2025)

Attorneys

Karl Kluge
Jonas Holbrook CummingsFederal Defender's Office, M.D. Fla., Petitioner
Jonas Holbrook CummingsFederal Defender's Office, M.D. Fla., Petitioner
Jonas Holbrook CummingsFederal Defender's Office, M.D. Fla., Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent