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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

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?
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?

For petitioner
Robert Edwin Dean II
Rob Dean Law

For respondent
Noel John Francisco
Jones Day

Conference history
Distributed for 1 conference

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