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Fugit v. United States

Petition for certiorari denied on January 21, 2014

Docket No. Op. Below Argument Opinion Vote Author Term
12-10591 4th Cir. N/A N/A N/A N/A OT 2013

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 (key to color coding)
05/28/2013Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 4, 2013)
06/14/2013Waiver of right of respondent United States to respond filed.
06/20/2013DISTRIBUTED for Conference of September 30, 2013.
07/24/2013Response Requested . (Due August 23, 2013)
08/20/2013Order extending time to file response to petition to and including September 25, 2013.
09/20/2013Order further extending time to file response to petition to and including October 25, 2013.
10/24/2013Order further extending time to file response to petition to and including November 25, 2013.
11/25/2013Brief of respondent United States in opposition filed.
12/09/2013Reply of petitioner Timothy Andrew Fugit filed.
12/12/2013DISTRIBUTED for Conference of January 10, 2014.
01/13/2014DISTRIBUTED for Conference of January 17, 2014.
01/21/2014Petition DENIED.
02/11/2014Petition for Rehearing filed.
03/05/2014DISTRIBUTED for Conference of March 21, 2014.
03/24/2014Rehearing DENIED.