No. 18-5304

Raymond Sanchez Lopez v. United States

Lower Court: Fifth Circuit
Docketed: 2018-07-20
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: child-pornography commerce-clause constitutional-limits criminal-law criminal-sanctions due-process interstate-commerce plain-error-review statutory-interpretation sufficiency-of-evidence sullivan-v-louisiana
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2018-09-24
Question Presented (from Petition)

I. Whether 18 U.S.C. §2252A(5)(B) authorizes conviction upon proof that materials used to produce child pornography once crossed state lines at an unspecified prior occasion, when there is no evidence that the defendant's possession of child pornography itself caused such movement?

II. Whether Article I, Section 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?

III. Whether the sufficiency of a factual basis for a defendant's plea should be subject to plain error review, or whether, under Sullivan v. Louisiana, 508 U.S. 275 (1993), such a case lacks "an object" upon which review for harmless and plain error may operate?

Question Presented (AI Summary)

Whether 18 U.S.C. §2252A(5)(B) authorizes conviction upon proof that materials used to produce child pornography once crossed state lines at an unspecified prior occasion, when there is no evidence that the defendant's possession of child pornography itself caused such movement?

Docket Entries

2018-10-01
Petition DENIED.
2018-08-02
DISTRIBUTED for Conference of 9/24/2018.
2018-07-26
Waiver of right of respondent United States to respond filed.
2018-07-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2018)

Attorneys

Raymond Sanchez Lopez
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent