No. 18-651

Jason Craig Montgomery v. United States

Lower Court: Fifth Circuit
Docketed: 2018-11-20
Status: Denied
Type: Paid
Tags: 18-usc-2422b attempt coerce criminal-attempt entice induce intent interstate-communication interstate-communications minor minor-solicitation persuade sexual-activity statutory-interpretation substantial-step telecommunications-act
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-02-22
Question Presented (from Petition)

I. Does a defendant attempt to persuade, induce, entice, or coerce a minor, within the meaning of 18 U.S.C. §2422(b), where the defendant communicates solely with an adult intermediary and those communications cannot be seen as an effort to overcome the minor's will?

II. Does an action that might only cause a minor to engage in sexual activity – such as travel to meet the minor in person – satisfy the substantial step requirement of a §2422(b) attempt?

Question Presented (AI Summary)

Does a defendant attempt to persuade, induce, entice, or coerce a minor, within the meaning of 18 U.S.C. §2422(b), where the defendant communicates solely with an adult intermediary and those communications cannot be seen as an effort to overcome the minor's will?

Docket Entries

2019-02-25
Petition DENIED.
2019-02-06
DISTRIBUTED for Conference of 2/22/2019.
2019-01-22
Brief of respondent United States in opposition filed.
2018-12-13
Motion to extend the time to file a response is granted and the time is extended to and including January 22, 2019.
2018-12-12
Motion to extend the time to file a response from December 20, 2018 to January 22, 2019, submitted to The Clerk.
2018-11-14
Petition for a writ of certiorari filed. (Response due December 20, 2018)

Attorneys

Jason C. Montgomery
Heather Jean BarbieriBarbieri Law Firm, P.C., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent