Supreme Court of the United States · Official docket →
Francisco Xavier Ortiz-Colón v. United States
Paid petition · United States Court of Appeals for the First Circuit, No. 23-1504 · judgment May 6, 2026
(petition-stage, structural)
Modestly above the 4.1% base rate. The model weights this up for a First Circuit decision below and a circuit split argued in the petition, and down for a petition filed soon after the judgment below.
Question presented
I. Does the Double Jeopardy Clause prohibit two convictions and two punishments for the same acts when the violation of 18 U.S.C. § 2251(a) charged in one count of an indictment, also serves as the “offense for which a person can be charged” in another count alleging violation of 18 U.S.C. §2422(b)? II. When charged under 18 U.S.C. §2442(b), is the incorporated “offense for which any person can be charged” an element, or merely a means of violating that statute?
Counsel of record
For petitioner
Mauricio Hernandez Arroyo
Law Offices Mauricio Hernandez Arroyo
For respondent
D. John Sauer
Solicitor General
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Linked docket
26A136
Proceedings
- Oct 01 2026Response Requested. (Due November 2, 2026)
- Sep 23 2026DISTRIBUTED for Conference of 10/9/2026.
- Sep 18 2026Waiver of right of respondent United States to respond filed.
- Aug 28 2026Petition for a writ of certiorari filed. (Response due October 1, 2026)
- Jul 29 2026Application (26A136) granted by Justice Jackson extending the time to file until September 3, 2026.
- Jul 23 2026Application (26A136) to extend the time to file a petition for a writ of certiorari from August 4, 2026 to September 3, 2026, submitted to Justice Jackson.