Supreme Court of the United States · Official docket →
Jay A. Liestman v. United States
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 21-3225 · judgment April 8, 2024
Before the decision, about 2.7× 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 dissent in the court below (flagged in the petition).
Question presented
18 U.S.C. § 2252(b)(1) imposes an increased mandatory minimum and maximum sentence on a defendant who “has a prior conviction . . . under the laws of any State relating to . . . the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography.” The question presented is: Whether the sentencing enhancement in Section 2252(b)(1) covers only convictions under state statutes that define “child pornography” in the same manner or more narrowly than federal law (as two circuits have concluded), or if instead the mandatory minimum reaches to include defendants convicted of state offenses that stretch beyond the federal definition of child pornography (as five circuits hold).
Counsel of record
For petitioner
Jeffrey L. Fisher
O'Melveny & Myers LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Jan 13 2025Petition DENIED.
- Dec 18 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 17 2024Reply of petitioner Jay A. Liestman filed. (Distributed)
- Dec 02 2024Brief of respondent United States in opposition filed.
- Nov 22 2024Motion to extend the time to file a response is granted and the time is further extended to and including November 29, 2024.
- Nov 21 2024Motion to extend the time to file a response from November 22, 2024 to November 29, 2024, submitted to The Clerk.
- Oct 30 2024Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2024.
- Oct 29 2024Motion to extend the time to file a response from November 8, 2024 to November 22, 2024, submitted to The Clerk.
- Oct 03 2024Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2024.
- Oct 01 2024Motion to extend the time to file a response from October 9, 2024 to November 8, 2024, submitted to The Clerk.
- Sep 05 2024Petition for a writ of certiorari filed. (Response due October 9, 2024)
- Jul 23 2024Application (23A1167) granted by Justice Barrett extending the time to file until September 5, 2024.
- Jul 17 2024Application (23A1167) to extend further the time from August 7, 2024 to September 5, 2024, submitted to Justice Barrett.
- Jun 28 2024Application (23A1167) granted by Justice Barrett extending the time to file until August 7, 2024.
- Jun 25 2024Application (23A1167) to extend the time to file a petition for a writ of certiorari from July 7, 2024 to August 7, 2024, submitted to Justice Barrett.