No. 18-7007

Ronald T. Spoor v. United States

Lower Court: Second Circuit
Docketed: 2018-12-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-2256 child-pornography civil-rights due-process equal-protection lascivious-exhibition racial-discrimination rule-414 school-desegregation sexual-proclivities standing uncharged-crimes
Latest Conference: 2019-01-11
Question Presented (from Petition)

1. Must a video be considered in its totality, as opposed to a brief isolated snippet, in determining whether it is a "lascivious exhibition of the genitals or pubic area of any person" within the meaning of 18 U.S.C. § 2256(2)(A)(v)?

2. May a video which is merely voyeuristic and does not depict any sexual conduct be deemed "lascivious" under the foregoing subsection of Section 2256?

3. Is Rule 414 evidence of uncharged crimes relevant where the defendant is charged with an offense to which his sexual proclivities are not pertinent?

Question Presented (AI Summary)

Must a video be considered in its totality to determine if it is a 'lascivious exhibition' under 18 U.S.C. § 2256(2)(A)(v)?

Docket Entries

2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-12-20
Waiver of right of respondent United States to respond filed.
2018-12-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 14, 2019)

Attorneys

Ronald Spoor
Jonathan I. EdelsteinEdelstein & Grossman, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent