No. 23-6896

Anthony Rimas v. United States

Lower Court: First Circuit
Docketed: 2024-03-05
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 18-usc-2256 28-usc-994 congressional-authority law-enforcement-undercover minor minor-definition sentencing-commission statutory-interpretation u.s.c.-interpretation undercover-law-enforcement
Latest Conference: 2024-05-30 (distributed 2 times)
Question Presented (from Petition)

Has the Sentencing Commission overstepped its congressional authority granted it under 28 U.S.C. § 994 when, with no specific congressional directive given, the Commission expanded the definition of 'minor', already codified under 18 U.S.C. § 2256(1), to include undercover law enforcement officers posing as a person under the age of 18 years?

Can the Sentencing Commission use its own amendment process to change unambiguous definitions Congress has already codified instead of seeking and being granted a specific congressional directive to do so?

Can U.S.S.G. § 2G2.2(c)(1) be applied based on the Sentencing Commission's definition of 'minor' when only an undercover law enforcement officer posing as a person who has not attained the age of 18 years is involved?

Question Presented (AI Summary)

Has the Sentencing Commission overstepped its congressional authority?

Docket Entries

2024-06-03
Rehearing DENIED.
2024-05-14
DISTRIBUTED for Conference of 5/30/2024.
2024-04-22
Petition for Rehearing filed.
2024-04-01
Petition DENIED.
2024-03-13
DISTRIBUTED for Conference of 3/28/2024.
2024-03-08
Waiver of right of respondent United States to respond filed.
2024-02-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 4, 2024)

Attorneys

Anthony Rimas
Anthony Rimas — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent