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Prince Bixler v. United States

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 21-5194 · judgment January 27, 2022


Certiorari denied · June 21, 2022
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. Whether Bixler’s rights under the Fifth and Sixth Amendments to the United States Constitution were violated by a pretrial ruling that he could not cross-examine the alleged victims regarding their prior involvement in prostitution based on the trial court’s interpretation of Federal Rule of Evidence 412 as a result of this ruling?

  2. Whether the element of force in 18 U.S.C. § 1591(b)(1) can be satisfied based on providing controlled substances to previously addicted individuals already engaged in prostitution?

  3. Whether increase of Bixler’s base offense level by four levels for use of force constituted impermissible double counting since one of the essential elements of 18 U.S.C. § 1591(b)(1) is force and whether imposition of a vulnerable victim enhancement also constituted impermissible double counting because each of the alleged sex trafficking victims was already addicted to heroin when they met Bixler?

Counsel of record

For petitioner
John Kevin West
Steptoe & Johnson, PLLC

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 21 2022
    Petition DENIED.
  2. May 31 2022
    DISTRIBUTED for Conference of 6/16/2022.
  3. May 25 2022
    Waiver of right of respondent United States to respond filed.
  4. Apr 27 2022
    Petition for a writ of certiorari filed. (Response due June 2, 2022)