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Shannon Donoho v. United States
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 21-2489 · judgment August 4, 2023
Before the decision, modestly above 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 a Seventh Circuit decision below.
Question presented
18 U.S.C. § 2251(a) makes it a crime to “use[] … any minor to engage in … any sexually explicit conduct for the purpose of producing any visual depiction of such conduct.” “[S]exually explicit conduct” is defined to include “lascivious exhibition of the anus, genitals, or pubic area of any person.” 18 U.S.C. § 2256(2)(A). The question presented, on which there is an acknowledged circuit conflict, is: Does a defendant produce a depiction of a minor engaging in “lascivious exhibition,” and thus “sexually explicit conduct” under 18 U.S.C. § 2251(a), by secretly recording a nude minor engaging in ordinary daily activities, when the videos and images depict absolutely no sexual or sexually suggestive conduct of any kind?
Counsel of record
For petitioner
E. Joshua Rosenkranz
Orrick, Herrington & Sutcliffe LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Jun 24 2024Petition DENIED.
- Jun 17 2024DISTRIBUTED for Conference of 6/20/2024.
- Jun 11 2024Rescheduled.
- Jun 10 2024DISTRIBUTED for Conference of 6/13/2024.
- Jun 04 2024Rescheduled.
- Jun 03 2024DISTRIBUTED for Conference of 6/6/2024.
- May 29 2024Rescheduled.
- May 14 2024DISTRIBUTED for Conference of 5/30/2024.
- May 10 2024Reply of petitioner Shannon Donoho filed. (Distributed)
- Apr 26 2024Brief of respondent United States in opposition filed.
- Mar 14 2024Motion to extend the time to file a response is granted and the time is further extended to and including April 26, 2024.
- Mar 13 2024Motion to extend the time to file a response from March 27, 2024 to April 26, 2024, submitted to The Clerk.
- Feb 22 2024Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2024.
- Feb 21 2024Motion to extend the time to file a response from February 26, 2024 to March 27, 2024, submitted to The Clerk.
- Jan 23 2024Petition for a writ of certiorari filed. (Response due February 26, 2024)
- Jan 02 2024Application (23A601) granted by Justice Barrett extending the time to file until January 25, 2024.
- Dec 28 2023Application (23A601) to extend the time to file a petition for a writ of certiorari from January 11, 2024 to January 25, 2024, submitted to Justice Barrett.