No. 18-5732

James LaConte v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-08-24
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: armed-career-criminal-act due-process due-process-clause florida-robbery florida-robbery-statute sentencing-enhancement statutory-interpretation victim-resistance violent-felony
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (AI Summary)

Whether Florida's State § 812.13 robbery offense is categorically a violent felony' under the Armed Career Criminal Act

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ‘ 1. Whether Florida's State § 812.13 robbery offense that includes "as an element" the common law requirement of overcoming "victim resistance" is categorically a .-. "violent felony" under the Armed Career Criminal Act, ; 18 U.S.C. § 924(e)(2)(B)(i), when the offense has been ; specifically interpreted by state appellate courts to require only slight force to overcome resistance ? 2. Whether Petitioner's writ of certiorari should be granted in light of the Supreme Court's grant of certiorari in Stokeling v. United States, (U.S. No. 17 -554), and the relisting in Pace v. United States, (U.S. No. 17-7140), raising the identical question above in question #1 ? 3. Whether Petitioner's conviction for § 812.13 robbery under Florida's State statute qualifies as a ACCA predicate ? 4. Whether Petitioner's sentence of five years over his statutory maximum pursuant to 18 U.S.C. § 922g) is unlawful, in violation of the Fifth Amendment Due Process— Clause ? Soon

Docket Entries

2019-01-07
Rehearing DENIED.
2018-12-05
DISTRIBUTED for Conference of 1/4/2019.
2018-10-19
Petition for Rehearing filed.
2018-10-01
Petition DENIED.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-08-30
Waiver of right of respondent United States to respond filed.
2018-07-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2018)

Attorneys

James LaConte
James LaConte — Petitioner
James LaConte — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent