No. 20-5772
Michael Portanova v. United States
Tags: categorical-approach child-pornography circuit-split criminal-law federal-sentencing prior-conviction sentencing-enhancement statutory-interpretation
Key Terms:
Immigration
Immigration
Latest Conference:
2020-10-30
Question Presented (from Petition)
Whether the "categorical approach," which this
Court has repeatedly held must be applied in assessing whether a prior state conviction qualifies as a
predicate offense for purposes of a federal sentencing enhancement, may be disregarded or "loosened" – as
the court of appeals in this case concluded (deepening
an existing circuit split) – in child pornography cases.
Question Presented (AI Summary)
Whether the 'categorical approach' may be disregarded or 'loosened' in child-pornography cases
Docket Entries
2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-08
DISTRIBUTED for Conference of 10/30/2020.
2020-09-30
Waiver of right of respondent United States to respond filed.
2020-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 26, 2020)
Attorneys
Michael Portanova
Frederick William Ulrich — Federal Public Defenders Office, Petitioner
United States
Jeffrey B. Wall — Acting Solicitor General, Respondent