No. 22-7284

Herbert Bernard Johnson v. United States

Lower Court: Sixth Circuit
Docketed: 2023-04-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: amendment criminal-law criminal-procedure harmless-error indictment indictment-amendment interstate-commerce statutory-interpretation structural-error
Key Terms:
SocialSecurity HabeasCorpus
Latest Conference: 2023-05-11
Question Presented (from Petition)

I. Should this Court grant the Petition for a Writ of Certiorari
to resolve whether the statutory language of 18 U.S.C.
§2252A(a)(5)(B)'s alternative interstate commerce elements
constitute separate offenses or alternative means to commit
the same offense and whether substitution of one interstate
commerce prong for another constitutes a structural error
when one prong is charged and another is proved at trial.

II. Should this Court grant the Petition for a Writ of Certiorari
to resolve whether and amendment between indictment and trial
of §2252A(a)(5)(B)'s alternative interstate commerce elements
constitutes harmless error when one prong is charged and
another is proved at trial.

Question Presented (AI Summary)

Whether the statutory language of 18 U.S.C. §2252A(a)(5)(B)'s alternative interstate commerce elements constitute separate offenses or alternative means to commit the same offense, and whether substitution of one interstate commerce prong for another constitutes a structural error when one prong is charged and another is proved at trial

Docket Entries

2023-05-15
Petition DENIED.
2023-04-26
DISTRIBUTED for Conference of 5/11/2023.
2023-04-20
Waiver of right of respondent United States to respond filed.
2023-03-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 15, 2023)

Attorneys

Herbert Johnson
Herbert Bernard Johnson — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent