No. 24-6525

Richard Stephens Terry v. United States

Lower Court: Eleventh Circuit
Docketed: 2025-02-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability circuit-conflict criminal-procedure federal-law statutory-interpretation substantial-step
Latest Conference: 2025-03-07
Question Presented (from Petition)

1. Did the Eleventh Circuit err in denying a certificate of appealability when its appeals court made such decision off of the Circuit's wrongful evaluation of what constitutes a violation of the substantial step element under 18 U.S.C. § 2422(b) when a petitioner brings such an issue to light?

2. Is the Eleventh Circuit's analysis of 18 U.S.C. § 2422(b)'s substantial step element unconstitutional when it conflicts with the interpretation decided by all other federal circuits and thus creates a matter of constitutional dimensions appertaining to the guilt or innocence of a defendant?

3. Did the Eleventh Circuit Court of Appeals err in allowing each district court to decide what constitutes a violation of 18 U.S.C. 2422(b)'s substantial step element, thus allowing conflicting outcomes which would allow one defendant to go free but another defendant under the exact same of facts, to receive up to life imprisonment depending on which district court tried the defendant's case?

Question Presented (AI Summary)

Whether the Eleventh Circuit's interpretation of the substantial step element under 18 U.S.C. § 2422(b) is unconstitutional and conflicts with other federal circuit decisions

Docket Entries

2025-03-10
Petition DENIED.
2025-02-20
DISTRIBUTED for Conference of 3/7/2025.
2025-02-18
Waiver of United States of right to respond submitted.
2025-02-18
Waiver of right of respondent United States to respond filed.
2024-12-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 12, 2025)

Attorneys

Richard Stephens Terry
Richard S. Terry — Petitioner
United States
Sarah M. HarrisActing Solicitor General, Respondent