No. 20-6923

Christopher J. Abbate v. United States

Lower Court: Fifth Circuit
Docketed: 2021-01-25
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: due-process first-amendment interpretation pornography supervised-release vagueness
Key Terms:
FirstAmendment DueProcess
Latest Conference: 2021-05-13 (distributed 2 times)
Question Presented (from Petition)

I. Does a special condition of supervised release that prohibits possession or control of "any pornographic matter" violate due process as unconstitutionally vague?

II. Does a special condition of supervised release that prohibits possession or control of "any pornographic matter" violate the First Amendment?

III. Even if a ban on "pornographic matter" does not ordinarily violate the First Amendment, did the district court's interpretation of "pornographic" do so here when it found that adult women in bathing suits dancing on a beach was pornographic?

Question Presented (AI Summary)

Does a special condition of supervised release that prohibits possession or control of 'any pornographic matter' violate due process as unconstitutionally vague?

Docket Entries

2021-05-17
Petition DENIED.
2021-04-22
DISTRIBUTED for Conference of 5/13/2021.
2021-04-14
Brief of respondent United States in opposition filed.
Main DocumentCertificate of Word Count
2021-04-14
Reply of petitioner Christopher Abbate filed.
Main DocumentProof of ServiceOther
2021-03-10
Motion to extend the time to file a response is granted and the time is extended to and including April 14, 2021.
2021-03-09
Motion to extend the time to file a response from March 15, 2021 to April 14, 2021, submitted to The Clerk.
Main Document
2021-02-11
Response Requested. (Due March 15, 2021)
2021-02-04
DISTRIBUTED for Conference of 2/19/2021.
2021-02-02
Waiver of right of respondent United States to respond filed.
Main Document
2021-01-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 24, 2021)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Christopher Abbate
Brandon Elliott Beck — Federal Public Defender's Office, Northern District of Texas, Petitioner
United States
Elizabeth B. Prelogar — Acting Solicitor General, Respondent