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Andrew Ryan Daily v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 25-10974 · judgment May 15, 2026


Pending

Question presented

I. Whether 18 U.S.C. § 2251(a) and the Commerce Clause authorize criminal penalties any time a defendant uses an object that once crossed state lines to create an illegal image. II. Whether at a minimum this Court should grant, vacate, and remand for reconsideration because of an intervening circuit decision that invalidates the premise on which the panel opinion below relies.

Counsel of record

For petitioner
Loui Itoh Mokodean
Federal Public Defender's Office NDTX

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Sep 03 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Aug 26 2026
    Waiver of right of respondent United States to respond filed.
  3. Aug 12 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2026)