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Joel Zupnik v. United States

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 19-1916 · judgment March 2, 2021


Certiorari denied · December 6, 2021
Pre-decision estimate: 17% cert probability (95% interval 11%–25%)

Before the decision, about 4.1× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and an Eighth Circuit decision below.

Question presented

Title 18 U.S.C. § 2422(b) prohibits using a facility or means of interstate commerce to “persuad[e], induc[e], entic[e], or coerc[e]” a minor to engage in any sexual activity that is forbidden by state law, subject to a tenyear mandatory minimum sentence. The question presented is whether those quoted verbs sweep in any conduct that simply attempts to cause commission of unlawful sexual activity (as the court below and some other Circuits have held), or whether the verbs also require something more—an effort by the defendant to transform the minor’s will, alter the minor’s mental state, or otherwise secure the minor’s assent (as several other Circuits have held).

Counsel of record

For petitioner
Jacob Moshe Roth
Jones Day

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 06 2021
    Petition DENIED.
  2. Nov 16 2021
    DISTRIBUTED for Conference of 12/3/2021.
  3. Nov 10 2021
    Reply of petitioner Joel Zupnik filed.
  4. Oct 27 2021
    Brief of respondent United States in opposition filed.
  5. Sep 23 2021
    Motion to extend the time to file a response is granted and the time is extended to and including October 27, 2021.
  6. Sep 22 2021
    Motion to extend the time to file a response from September 27, 2021 to October 27, 2021, submitted to The Clerk.
  7. Aug 26 2021
    Response Requested. (Due September 27, 2021)
  8. Aug 18 2021
    DISTRIBUTED for Conference of 9/27/2021.
  9. Aug 16 2021
    Waiver of right of respondent United States to respond filed.
  10. Aug 03 2021
    Petition for a writ of certiorari filed. (Response due September 7, 2021)