No. 22-6847

Philip M. Close v. United States

Lower Court: Second Circuit
Docketed: 2023-02-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-USC-2251 18-USC-2252A child-pornography circuit-split criminal-statute federal-law genital-exposure sentencing sexual-conduct sexually-explicit-conduct
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-03-17
Question Presented (from Petition)

The question presented is whether Mr. Close's convictions under 18 U.S.C. § 2251(a), for producing child pornography, and 18 U.S.C. § 2252A(a)(5)(B), for possessing child pornography, can be sustained where the videos only showed brief glimpses of children's genital areas and did not depict minors engaging in sexually explicit conduct.

Question Presented (AI Summary)

Whether brief glimpses of children's genital areas in videos constitute 'sexually-explicit-conduct' under 18-USC-2251-and-2252A

Docket Entries

2023-03-20
Petition DENIED.
2023-03-02
DISTRIBUTED for Conference of 3/17/2023.
2023-02-27
Waiver of right of respondent United States to respond filed.
2023-02-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 27, 2023)

Attorneys

Philip Close
Jay Samuel OvsiovitchFederal Public Defender's Office, WDNY, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent