No. 25-6889

Ashu Joshi v. United States

Lower Court: Eighth Circuit
Docketed: 2026-02-24
Status: Pending
Type: IFP
Response WaivedIFP
Tags: child-sexual-abuse-material due-process federalism ineffective-assistance-of-counsel Strickland-standard Tenth-Amendment
Latest Conference: N/A
Question Presented (from Petition)

1. Whether, consistent with federalism and due-process principles, 18 U.S.C. § 2252A(a)(2) may be applied to conduct occurring entirely within a state-recognized marriage where no public or commercial dissemination occurred.

2. Whether counsel rendered ineffective assistance under Strickland v. Washington by failing to advise Petitioner that private marital conduct did not satisfy the statutory elements of distribution and by neglecting to preserve the Kentucky marriage recognition as a defense.

3. Whether the federal government's disregard of a Kentucky court's marriage ratification violated principles of federalism and due process under the Tenth and Fifth Amendments.

Question Presented (AI Summary)

Whether 18 U.S.C. § 2252A(a)(2) may be applied to private marital conduct with no public or commercial dissemination, and whether the federal government's disregard of state marriage recognition violates federalism and due process principles

Docket Entries

2026-03-02
Waiver of United States of right to respond submitted.
2026-03-02
Waiver of right of respondent United States to respond filed.
2025-11-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 26, 2026)

Attorneys

Ashu Joshi
Ashu Joshi — Petitioner
United States
D. John SauerSolicitor General, Respondent