Whether the use of internet-based interstate communication instrumentalities alone is sufficient to satisfy the 'in or affecting interstate commerce' element for federal sex trafficking criminal statutes

No question identified. : cert petition filing date. See S.Ct. Rule 13.5. The jurisdiction of this Court will be invoked under 28 U.S.C. § 1254(1). Mr. Tovar was convicted after a jury trial of two counts of attempted sex trafficking of a minor, and one count of attempted coercion and enticement of a minor to engage in sexual activity, in violation of 18 U.S.C. §§ 1591(a)(1), (b)(1), (b)(2); 1594(a); & 2422(b). Mr. Tovar’s use of the internet and his personal “facilities of interstate commerce”— constituted the sole evidence supporting satisfaction of § 1591(a)(1)’s “in or affecting interstate commerce” element. Arguing insufficiency of the evidence on that basis, Mr. Tovar appealed his two § 1591 convictions, and, after oral argument, the Eleventh Circuit affirmed both, in a published opinion, dated August 8, 2025. See attached Exhibit A, United States v. Tovar, Case No. 23-10755. Mr. Tovar now seeks to file a petition for writ of certiorari with this Court to review the conclusion of the Eleventh Circuit, “that a defendant’s intrastate crimes qualify as ‘in commerce’ when he uses the instrumentalities of interstate commerce to facilitate their commission.” Jd. at 14 (slip copy). This conclusion raises an increasingly important question of statutory interpretation, of consequence to federalism, and about which federal circuits have published conflicting opinions. Counsel believes that additional time will be important for the careful preparation of the petition for writ of certiorari in this matter, and that additional time will be necessary due to the press of previously-assigned matters. In light of the above, Mr. Tovar seeks a 30-day extension of time within which to file a Petition for Writ of Certiorari. No party will be prejudiced by the granting of this request. Accordingly, petitioner respectfully requests that this Court extend the time to file a petition for writ of certiorari by 30 days. Respectfully submitted, HECTOR DOPICO FEDERAL PUBLIC DEFENDER Fort Lauderdale, Florida By:___s/Sara W. Kane October 23, 2025 *Sara W. Kane Assistant Federal Public Defender *Counsel for Petitioner 1 East Broward Blvd., Suite 1100 Fort Lauderdale, Florida 33301-1100 Telephone No. (954) 356-7436 Fax (954) 356-7556 Sara_Kane@fd.org