No. 25-6386

Gavin Michael Harold v. United States

Lower Court: Eleventh Circuit
Docketed: 2025-12-16
Status: Pending
Type: IFP
Response RequestedResponse WaivedIFP
Tags: child-pornography criminal-punishment jury-trial mandatory-minimum restitution sixth-amendment
Key Terms:
JusticiabilityDoctri
Latest Conference: 2026-02-20
Question Presented (AI Summary)

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?

Question Presented (from Petition)

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

2026-01-30
Response Requested. (Due March 2, 2026)
2026-01-29
Rescheduled.
2026-01-22
DISTRIBUTED for Conference of 2/20/2026.
2026-01-15
Waiver of right of respondent United States to respond filed.
2025-12-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 15, 2026)

Attorneys

Gavin Harold
Danielle MusselmanFederal Public Defender Florida Middle, Petitioner
Danielle MusselmanFederal Public Defender Florida Middle, Petitioner
Danielle MusselmanFederal Public Defender Florida Middle, Petitioner
Danielle MussselmanFederal Public Defender Florida Middle, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent