No. 23-5835

Sean Christopher Finnell v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-10-18
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: constitutional-rights criminal-defendants first-amendment internet-access packingham-v-north-carolina sex-offenders sixth-amendment supervised-release
Key Terms:
FirstAmendment Punishment
Latest Conference: 2024-05-09 (distributed 2 times)
Question Presented (from Petition)

1. In Packingham v. North Carolina, 582 U.S. 98 (2017), the Court held that a North Carolina statute prohibiting registered sex offenders from accessing social media websites was unconstitutional. In so holding, the Court recognized that the First Amendment protected the right to access the internet for defendants who had completed their sentences. In the wake of Packingham, the lower courts have divided on whether that First Amendment right applies to defendants who have not yet completed their sentences and are subject to internet restrictions on supervision.

The first question presented is:

Whether the First Amendment right to access the internet recognized in Packingham applies to criminal defendants who are on supervised release.

2. In Apprendi v. New Jersey, 530 U.S. 466, 490 (2000), the Court held that, "folther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury." In Southern Union Co. v. United States, 567 U.S. 348, 360 (2012), the Court "hle]ld that the rule of Apprendi applies to the imposition of criminal fines."

The second question presented is:

Whether the Sixth Amendment prohibits a court from ordering criminal restitution based on facts not found by a jury beyond a reasonable doubt.

Question Presented (AI Summary)

Whether the First Amendment right to access the internet recognized in Packingham applies to criminal defendants who are on supervised release

Docket Entries

2024-05-13
Petition DENIED.
2024-04-18
DISTRIBUTED for Conference of 5/9/2024.
2024-03-13
Reply of petitioner Sean Christopher Finnell filed.
2024-03-12
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2024-03-04
Brief of respondent United States in opposition filed.
2024-01-26
Motion to extend the time to file a response is granted and the time is further extended to and including March 4, 2024.
2024-01-24
Motion to extend the time to file a response from February 1, 2024 to March 4, 2024, submitted to The Clerk.
2024-01-03
Motion to extend the time to file a response is granted and the time is further extended to and including February 1, 2024.
2024-01-02
Motion to extend the time to file a response from January 2, 2024 to February 1, 2024, submitted to The Clerk.
2023-11-30
Motion to extend the time to file a response from November 29, 2023 to January 2, 2024, submitted to The Clerk.
2023-11-30
Motion to extend the time to file a response is granted and the time is extended to and including January 2, 2024.
2023-10-30
Response Requested. (Due November 29, 2023)
2023-10-25
DISTRIBUTED for Conference of 11/9/2023.
2023-10-20
Waiver of right of respondent United States to respond filed.
2023-10-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 17, 2023)

Attorneys

Sean Finnell
Andrew Lee AdlerFederal Public Defender's Office, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent