Ashu Joshi v. United States

Whether, consistent with federalism and due-process principles, 18 U.S.C. § 2252A(a)(2) may be applied to conduct occurring entirely within a state-recognized marriage where no public or commercial dissemination occurred. . 2. Whether counsel rendered ineffective assistance under Strickland v. Washington by failing to advise Petitioner that private marital conduct did not satisfy the statutory elements of distribution and by neglecting to preserve the Kentucky marriage recognition as a defense.

Whether the federal government’s disregard of a Kentucky court’s marriage ratification violated principles of federalism and due process under the Tenth and Fifth Amendments. This case presents issues of significant national importance at the intersection of federal criminal law and state domestic-relations authority. The questions recur frequently in federal prosecutions and produce inconsistent outcomes for identical conduct across circuits. Guidance from this Court is urgently needed.