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Daniel Kroeker v. United States
IFP petition · United States Court of Appeals for the Tenth Circuit, No. 24-3060 · judgment July 8, 2025
Question presented
There is widespread disagreement over how to instruct juries on the meaning of the phrase “lascivious exhibition” in child-pornography-related prosecutions. The question presented is: Whether, in a non-production child-pornography prosecution under 18 U.S.C. § 2252A(a)(2), a trial court should define the phrase “lascivious exhibition” (codified in 18 U.S.C. § 2256(2)(A)(v)) by, inter alia, instructing the jury to consider (or not) a list of six optional factors (known as the Dost factors) that can be given whatever weight the jury decides, as well as whether the image “would appeal to persons who are sexually attracted to children.”
Counsel of record
For petitioner
Daniel Tyler Hansmeier
Kansas Federal Public Defender's Office
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 2 conferences
Proceedings
- Jun 01 2026Petition DENIED.
- May 13 2026DISTRIBUTED for Conference of 5/28/2026.
- May 12 2026Reply of petitioner Daniel Kroeker filed. (Distributed)
- Apr 29 2026Brief of respondent United States in opposition filed.
- Mar 23 2026Motion to extend the time to file a response is granted and the time is further extended to and including April 29, 2026.
- Mar 19 2026Motion to extend the time to file a response from March 30, 2026 to April 29, 2026, submitted to The Clerk.
- Feb 17 2026Motion to extend the time to file a response is granted and the time is further extended to and including March 30, 2026.
- Feb 13 2026Motion to extend the time to file a response from February 27, 2026 to March 30, 2026, submitted to The Clerk.
- Jan 23 2026Motion to extend the time to file a response is granted and the time is extended to and including February 27, 2026.
- Jan 22 2026Motion to extend the time to file a response from January 28, 2026 to February 27, 2026, submitted to The Clerk.
- Dec 29 2025Response Requested. (Due January 28, 2026)
- Dec 24 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 18 2025Waiver of right of respondent United States to respond filed.
- Nov 20 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 24, 2025)