Supreme Court of the United States · Official docket →
Timothy Scott Hardin v. United States
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-4556 · judgment May 25, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Under federal law, the Model Penal Code, and the laws of 39 states and the District of Columbia, consensual sex between a 21-year-old and a 17-yearold is legal. In 11 states, such conduct is criminalized. The question presented is whether, under the categorical approach, a conviction under one of those 11 states’ statutes “relat[es] to . . . abusive sexual conduct involving a minor” and thus serves as a predicate for the sentencing enhancements in Sections 2252 and 2252A of title 18 of the U.S. Code.
Counsel of record
For petitioner
Joshua Brown Carpenter
Federal Defenders of Western North Carolina, Inc.
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Jan 10 2022Petition DENIED.
- Jan 03 2022Brief amici curiae of Due Process Institute and National Association of Criminal Defense Lawyers filed. (Distributed)
- Dec 22 2021DISTRIBUTED for Conference of 1/7/2022.
- Dec 17 2021Waiver of right of respondent United States to respond filed.
- Dec 02 2021Petition for a writ of certiorari filed. (Response due January 3, 2022)
- Oct 12 2021Application (21A66) granted by The Chief Justice extending the time to file until December 2, 2021.
- Oct 07 2021Application (21A66) to extend the time to file a petition for a writ of certiorari from October 18, 2021 to December 2, 2021, submitted to The Chief Justice.