No. 23-5265

Mark Alan Miller v. United States

Lower Court: Fifth Circuit
Docketed: 2023-08-01
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: child-pornography constitutional-limits criminal-law criminal-sanctions due-process federal-jurisdiction interstate-commerce standing statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-09-26
Question Presented (from Petition)

I. Whether 18 U.S.C. §2251 authorizes conviction upon proof that materials used to
produce child pornography once crossed state lines at an unspecified prior occasion,
when there is no evidence that the production or possession of child pornography
itself caused such movement?

II. Whether Article I, Section 8 of the United States Constitution permits Congress to
impose criminal sanctions for all conduct undertaken using materials that have
moved in interstate commerce, however remotely, whether or not the criminal
conduct caused such movement?

Question Presented (AI Summary)

Whether 18 U.S.C. §2251 authorizes conviction upon proof that materials used to produce child pornography once crossed state lines at an unspecified prior occasion, when there is no evidence that the production or possession of child pornography itself caused such movement?

Docket Entries

2023-10-02
Petition DENIED.
2023-08-10
DISTRIBUTED for Conference of 9/26/2023.
2023-08-04
Waiver of right of respondent United States to respond filed.
2023-07-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 31, 2023)

Attorneys

Mark Alan Miller
Kevin Joel Page — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent