Supreme Court Report

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Terrell Banker v. United States

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 16-4413 · judgment November 14, 2017


Certiorari denied · May 21, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Did the trial court err in instructing the jury that a conviction under 18 U.S.C. §§ 1591 for Sex Trafficking of a Minor (Counts 1 and 2) allows proof that Petitioner knew or was in reckless disregard of the fact that the victim was a minor at the time of the offense, as opposed to requiring proof that Petition knew that the victim was a minor?

  2. Did the trial court err in instructing the jury that a conviction under 18 U.S.C. §§ 2422 for Enticement of a Minor (Count 3) allows proof by strict liability that the victim was a minor at the time of the offense, as opposed to requiring proof that Petitioner knew that the victim was a minor?

Counsel of record

For petitioner
Robert Edwin Dean II
Rob Dean Law

For respondent
Noel John Francisco
Jones Day

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, May 21, 2018 · Certiorari denied

Proceedings

  1. May 21 2018
    Petition DENIED.
  2. May 01 2018
    DISTRIBUTED for Conference of 5/17/2018.
  3. Apr 26 2018
    Waiver of right of respondent United States to respond filed.
  4. Feb 12 2018
    Petition for a writ of certiorari filed. (Response due May 21, 2018)