Two punishments for one act
Francisco Xavier Ortiz-Colón v. United States
In brief
- Where it stands
- Petition Pending
Awaiting an order on the petition
- What it’s about
- Ortiz-Colón asks whether a violation of 18 U.S.C. § 2251(a) used in a § 2422(b) charge can lead to two convictions and punishments for the same acts, and whether the incorporated offense is a required part of the § 2422(b) crime or only one way to violate it.
- What's at stake
- For Ortiz-Colón, the unresolved question is whether these federal charges can lead to two convictions and punishments for the same acts.
Summary: written with AI from the case record.
What it's about
His petition was distributed for a conference, but the Supreme Court has not agreed to hear the case.
The petition says a § 2251(a) violation is also cited as the underlying offense in a separate § 2422(b) count.
Question presented
1. 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)? 2. 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?
What happens next
The petition was distributed for the Court’s October 9, 2026 conference, but that does not mean review has been granted. The Court must still decide whether to hear it; no argument or decision date is set.
Documents
Docket activity
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AI analysis generated: Case Briefing
Case data updated: summary, question_presented, generation_metadata
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Case data updated: documents, description, proceeding_type
Case data updated: documents, description, document_url, proceeding_type
Case data updated: documents, description, document_url, proceeding_type
Brief added: Petition
Court Order added: Lower Court Orders/Opinions
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.