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Jimmy Cobb v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 20-12919 · judgment April 2, 2021


Certiorari denied · October 4, 2021
Pre-decision estimate: 0% cert probability

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

Questions presented

The Eleventh Circuit, affirming Petitioner’s conviction under 18 U.S.C. § 2425, which prohibits enticing, encouraging, offering, or soliciting “any person” to engage in sexual activity with a minor, concluded that Petitioner violated the statute by texting his acceptance of a solicitation of prostitution by an undercover police officer who pretended to be under the age of 18, after drawing Petitioner’s interest by advertising adult escort services on the internet using photographs of an adult woman to depict her appearance. The questions presented are:

  1. Does a District Court have the have Jurisdiction to punish and convict conduct that does not fall within a Federal Statute of 18 U.S.C 2422(b) and 18 U.S.C. 2425?

  2. Does the District Court and Court of Appeals have the authority to make a statute vague after precedence has been set for that statute ?

  3. Can the District Court and Court of Appeals relieve Counsel of his fiduciary duty under the Sixth Amendment of the Constitution, by allowing counsel to advise Petitioner to accept a plea deal where Petitioner’s conduct did not violate statutes 18 U.S.C. 2422(b) nor 18 U.S.C. 2425?

Counsel of record

For petitioner
Jimmy Cobb

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 13 2021
    Rehearing DENIED.
  2. Nov 23 2021
    DISTRIBUTED for Conference of 12/10/2021.
  3. Oct 21 2021
  4. Oct 04 2021
    Petition DENIED.
  5. Jun 16 2021
    DISTRIBUTED for Conference of 9/27/2021.
  6. Jun 09 2021
    Waiver of right of respondent United States to respond filed.
  7. May 31 2021
    Petition for a writ of certiorari filed. (Response due July 8, 2021)