No. 18-5844

Rocco Tinoco v. United States

Lower Court: Tenth Circuit
Docketed: 2018-09-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-875 civil-rights criminal-law due-process first-amendment free-speech mens-rea recklessness statutory-interpretation
Key Terms:
FirstAmendment
Latest Conference: 2018-10-05
Question Presented (from Petition)

whether a mental state of recklessness - absent
Subjective intent to threaten - in conveying a threat is
sufficient to support a conviction under 18 U.S.C § 875(c)?

May a defendant be wrongly convicted solely under a
Question #2
Whether interpreting 18 U.S.C § 875(2) and other
threat statutes to include statements made without a
subjective intent to threaten violate the First Amendment?
That is, may allowing a conviction under § 875(c), as applied, to include statements
made without a subjective intent to threaten violate
the First Amendment?

Question Presented (AI Summary)

Whether a mental state of recklessness absent subjective intent to threaten is sufficient to support a conviction under 18 U.S.C. 875(c) and any other threat statute

Docket Entries

2018-10-09
Petition DENIED.
2018-09-20
DISTRIBUTED for Conference of 10/5/2018.
2018-09-12
Waiver of right of respondent United States to respond filed.
2018-08-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 9, 2018)

Attorneys

Rocco Tinoco
Rocco Tinoco — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent