No. 23-5429

Tywan Sykes v. United States

Lower Court: Sixth Circuit
Docketed: 2023-08-24
Status: Denied
Type: IFP
IFP
Tags: 18-usc-2251 4th-amendment child-exploitation civil-rights fourth-amendment governmental-entity internet-service-provider private-search-doctrine recidivist-enhancement standing statutory-interpretation
Latest Conference: 2024-01-05
Question Presented (from Petition)

Whether the National Center for Missing and Exploited Children is a Governmental Entity as held by the Tenth Circuit Court of Appeals in United States v. Ackerman, 831 F.3d 1291 (10th Cir. 2016)?

If the NCMEC is a Governmental Entity, can an Internet Service Provider such as Facebook claim a legitimate business purpose in monitoring its platform and be deemed a private party and not a government agent for Fourth Amendment purposes?

Whether the multiple-count recidivist enhancement in 18 U.S.C. §2251(e) defines sexual exploitation offenses under state law to include offenses unrelated to child pornography and that are not included in that part of the statute?

Question Presented (AI Summary)

Whether the National Center for Missing and Exploited Children is a Governmental Entity

Docket Entries

2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-11-22
Brief of respondent United States in opposition filed.
2023-10-13
Motion to extend the time to file a response is granted and the time is further extended to and including November 22, 2023.
2023-10-12
Motion to extend the time to file a response from October 25, 2023 to November 22, 2023, submitted to The Clerk.
2023-09-22
Motion to extend the time to file a response is granted and the time is extended to and including October 25, 2023.
2023-09-20
Motion to extend the time to file a response from September 25, 2023 to October 25, 2023, submitted to The Clerk.
2023-08-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 25, 2023)

Attorneys

Tywan Sykes
Mark Edwin BrownMenefee & Brown, P.C., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent