Supreme Court of the United States · Official docket →
Karl Patrick Kluge v. United States
IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 23-10697 · judgment July 31, 2025
Question presented
In 2018, Congress enacted the Amy, Vicky, and Andy Child Pornography Victim Assistance Act, which established a mandatory minimum restitution amount of $3,000 per victim for certain child exploitation offenses. See 18 U.S.C. § 2259(b)(2)(B). As this Court has repeatedly held, the Sixth Amendment guarantees a right to have a jury find all the facts necessary to criminal punishment. Thus, a jury must find any fact that increases the statutory maximum penalty, Apprendi v. New Jersey, 530 U.S. 466 (2000), as well as any fact that increases the mandatory minimum, Alleyne v. United States, 570 U.S. 99, 103 (2013). This bedrock constitutional rule applies “broadly” to all forms of criminal punishment, including monetary penalties like fines. Southern Union Co. v. United States, 567 U.S. 343, 350 (2012). The question presented is: Does the Sixth Amendment require a jury to find the facts needed to justify a restitution order meeting or exceeding § 2259(b)(2)(B)’s $3,000 mandatory minimum?
Counsel of record
For petitioner
Jonas Holbrook Cummings
Federal Defender's Office, M.D. Fla.
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 2 conferences
Proceedings
- Jun 08 2026Petition DENIED.
- May 20 2026DISTRIBUTED for Conference of 6/4/2026.
- Apr 01 2026Reply of Karl Kluge not accepted for filing. (To be resubmitted April 03, 2026)
- Apr 01 2026Reply of petitioner Karl Kluge filed. (Resubmitted)
- Mar 19 2026Brief of respondent United States in opposition filed.
- Jan 29 2026Motion to extend the time to file a response is granted and the time is further extended to and including March 19, 2026.
- Jan 28 2026Motion to extend the time to file a response from February 17, 2026 to March 19, 2026, submitted to The Clerk.
- Jan 09 2026Motion to extend the time to file a response is granted and the time is further extended to and including February 17, 2026.
- Jan 07 2026Motion to extend the time to file a response from January 16, 2026 to February 17, 2026, submitted to The Clerk.
- Dec 15 2025Motion to extend the time to file a response is granted and the time is extended to and including January 16, 2026.
- Dec 11 2025Motion to extend the time to file a response from December 17, 2025 to January 16, 2026, submitted to The Clerk.
- Nov 17 2025Response Requested. (Due December 17, 2025)
- Nov 13 2025DISTRIBUTED for Conference of 12/5/2025.
- Nov 07 2025Waiver of right of respondent United States to respond filed.
- Oct 29 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 1, 2025)