No. 18-5940

Moises Perez v. United States

Lower Court: Sixth Circuit
Docketed: 2018-09-12
Status: Denied
Type: IFP
Relisted (4)IFP
Tags: appellate-interpretation armed-career-criminal-act common-law-resistance force-clause resistance state-appellate-courts state-robbery state-robbery-offense violent-felony
Key Terms:
HabeasCorpus
Latest Conference: 2019-02-22 (distributed 4 times)
Question Presented (AI Summary)

Whether a state robbery offense that includes as an element the common law requirement of overcoming resistance' is categorically a 'violent felony' under Armed Career Criminal Act's force clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW L Whether a state robbery offense that includes as an element the common law requirement of overcoming “resistance” is categorically a “violent felony” under Armed Career Criminal Act’s force clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance? This same question is pending before this Court in Stokeling v. United States, 684 F. App’x 870 (11th Cir. 2017), cert. granted, No. 17-5554, 2018 U.S. LEXIS 2091 (Apr. 2, 2018). 1

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.
2018-11-29
DISTRIBUTED for Conference of 1/4/2019.
2018-11-13
Memorandum of respondent United States filed.
2018-10-15
Motion to extend the time to file a response is granted and the time is extended to and including November 13, 2018.
2018-10-12
Motion to extend the time to file a response from October 12, 2018 to November 13, 2018, submitted to The Clerk.
2018-09-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 12, 2018)

Attorneys

Moises Perez
Claire Roxanne CahoonOffice of the Federal Public Defender Northern Dist. of OH, Petitioner
Claire Roxanne CahoonOffice of the Federal Public Defender Northern Dist. of OH, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent