James LaConte v. United States
DueProcess HabeasCorpus
Whether Florida's State § 812.13 robbery offense is categorically a violent felony' under the Armed Career Criminal Act
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