No. 18-5838

Hosea Swopes v. United States

Lower Court: Eighth Circuit
Docketed: 2018-08-30
Status: Denied
Type: IFP
Relisted (4)IFP
Tags: categorically constitutes a 'violent felony' unde interpreted by state law to be satisfied by the f armed-career-criminal-act circuit-conflict circuit-split criminal-statute element-of-force force-element robbery-offense state-robbery-offense statutory-interpretation stokeling-v-united-states united-states violent-felony
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-02-22 (distributed 4 times)
Question Presented (AI Summary)

Whether a state robbery offense that includes 'as an element' the taking of property by another by force, interpreted by state law to be satisfied by the force used to overcome resistance to the taking, is categorically a 'violent felony' under the 'element of force' definition of that term in the Armed Career Criminal Act, 18 U.S.C. §924(c)(2)(B)(i)

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Isastate robbery offense that includes “as an element” the taking of property by another by force, interpreted by state law to be satisfied by the force used to overcome resistance to the taking, categorically a “violent felony” under the “element of force” definition of that term in the Armed Career Criminal Act, 18, U.S.C. §924(c)(2)(B)(i)? A. This Court will decide this issue and resolve the Circuit conflict that encompasses the Eighth Circuit’s decision in this case in Denard Stokeling v. United States, No. 17-5554. 2

Docket Entries

2019-02-25
Petition DENIED.
2019-02-19
DISTRIBUTED for Conference of 2/22/2019.
2019-02-04
DISTRIBUTED for Conference of 2/15/2019.
2019-01-15
DISTRIBUTED for Conference of 1/18/2019.
2018-11-14
DISTRIBUTED for Conference of 11/30/2018.
2018-10-31
Memorandum of respondent United States filed.
2018-09-27
Motion to extend the time to file a response is granted and the time is extended to and including October 31, 2018.
2018-09-26
Motion to extend the time to file a response from October 1, 2018 to October 31, 2018, submitted to The Clerk.
2018-08-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 1, 2018)
2018-06-25
Application (17A1402) granted by Justice Gorsuch extending the time to file until August 26, 2018.
2018-06-12
Application (17A1402) to extend the time to file a petition for a writ of certiorari from June 27, 2018 to August 26, 2018, submitted to Justice Gorsuch.

Attorneys

Hosea Latron Swopes
Nanci McCarthyFederal Public Defenders Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent