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Fugit v. United States

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
12-10591 4th Cir. TBD TBD TBD TBD TBD

Issue: Under 18 U.S.C. § 2422(b), one may not entice a minor “to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense.” Does the “sexual activity” element require the defendant to make or attempt physical contact with a minor, as the Seventh Circuit holds, or may a single Internet chat and phone call with no attempted physical contact with a minor satisfy the element, so long as the defendant caller was involved in the “active pursuit of [his own] libidinal gratification,” as the Fourth Circuit holds.

DateProceedings and Orders
May 28 2013Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 4, 2013)
Jun 14 2013Waiver of right of respondent United States to respond filed.
Jun 20 2013DISTRIBUTED for Conference of September 30, 2013.
Jul 24 2013Response Requested . (Due August 23, 2013)
Aug 20 2013Order extending time to file response to petition to and including September 25, 2013.
Sep 20 2013Order further extending time to file response to petition to and including October 25, 2013.
Oct 24 2013Order further extending time to file response to petition to and including November 25, 2013.
Nov 25 2013Brief of respondent United States in opposition filed.
Dec 9 2013Reply of petitioner Timothy Andrew Fugit filed.
Dec 12 2013DISTRIBUTED for Conference of January 10, 2014.
Jan 13 2014DISTRIBUTED for Conference of January 17, 2014.
Jan 21 2014Petition DENIED.
Feb 11 2014Petition for Rehearing filed.
Mar 5 2014DISTRIBUTED for Conference of March 21, 2014.
Mar 24 2014Rehearing DENIED.
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