No. 18-5808

Rafael Angel Rondon v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-08-29
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 18-usc-924c 6th-amendment constitutional-law crimes-of-violence criminal-procedure due-process federal-law jury-instructions residual-clause sentencing sixth-amendment statutory-interpretation supreme-court-precedent violent-crime
Latest Conference: 2018-12-07 (distributed 2 times)
Question Presented (from Petition)

Whether the Eleventh Circuit's 18 U.S.C. § 924(c) pattern jury instruction violates the Sixth Amendment because it concludes that the crutial question as to - whether the robberies alleged are "crimes of violence" for purpose -of Section § 924(c) are questions of law to be determined by.the district court ?

Whether after the Supreme Court's decision in Sessions v. Dimaya, 138 S. Ct. 1204, 200 L. Ed. 2d 549 (2018), Section § 924(c) is unconstitutional ?

Whether the Supreme Court should difinitively resolve whether § 924(c)(3)(B)'s "residual clause" is unconstitutional in order to promote uniformity of federal law in light of Sessions v. Dimaya ?

Whether Sessions v. Dimaya, is retroactive for purposes of 28 U.S.C. § 2255(h) ?

Question Presented (AI Summary)

Whether the Eleventh Circuit's 18 U.S.C. § 924(c) pattern jury instruction violates the Sixth Amendment

Docket Entries

2018-12-10
Rehearing DENIED.
2018-11-20
DISTRIBUTED for Conference of 12/7/2018.
2018-11-02
Petition for Rehearing filed.
2018-10-09
Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
2018-09-13
DISTRIBUTED for Conference of 10/5/2018.
2018-09-06
Waiver of right of respondent United States to respond filed.
2018-08-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2018)

Attorneys

Rafael Angel Rondon
Rafael Rondon — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent