No. 18-8729

Alan Kenneth Thompson, Jr. v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-04-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure constitutional-claims constitutional-law criminal-law criminal-procedure due-process habeas-corpus plea-bargaining statutory-interpretation subject-matter-jurisdiction united-states-v-peter
Key Terms:
DueProcess FifthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-05-09
Question Presented (from Petition)

In light of United States v Peter, 310 F.3d 709 (11th C ir 2002), does the ambiguousness of the nature of the term "material" within Title 18 USC 2252A(a)(2)(B), give the unintended breadth by: (A) authorizing District Courts to accept pleas of guilt without subject-matter jurisdiction, wherefore caprical use of elastic language is construed as a computer file, rather than disk, so long as the file "contains" an unlawful depiction; thereby, (B) substituting factual conduct in violation of United States v Edmond, 780 F.3d 1126 (11th Cir 2015); by modifying statutory elements in order to convict innocent persons of a crime for which they are not indicted?

When a prisoner alleges thorny constitutional issues, states facts and cites the law, in relation to and in support of such claims: (A) does a district court's catch-all denial, or failure to adjudicate all claims alleged, violate habeas procedure, when its decision runs contrary to the procedural rule established under Clisby v Jones, 960 F.2d 925 (4th Cir 1992), thereby, serving to render habeas review futile, as applied to that case; Likewise, (B) does a Court of Appeal's failure to clarify its blanket denial, of meritorious issues, violate a claimant's due process right to a meaningful opportunity to present such claims on habeas review, and/or place too significant of a burden at this mere propositional stage, during a aDA's threshold inquiry, as re-established in Buck v Davis, 132 S.Ct. 759 (2017)?

Question Presented (AI Summary)

Whether the ambiguousness of the term 'material' within Title 18 USC 2252A(a)(2)(B) gives unintended breadth to District Courts to accept pleas of guilt without subject-matter jurisdiction

Docket Entries

2019-05-13
Petition DENIED.
2019-04-18
DISTRIBUTED for Conference of 5/9/2019.
2019-04-15
Waiver of right of respondent United States to respond filed.
2019-03-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 8, 2019)

Attorneys

Alan Kenneth Thompson
Alan Kenneth Thompson Jr. — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent