No. 18-6025

Rene Borrero v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-09-18
Status: Denied
Type: IFP
Relisted (4)IFP
Tags: armed-career-criminal-act attempted-robbery due-process state-law state-statute statutory-interpretation victim-resistance violent-felony
Key Terms:
DueProcess
Latest Conference: 2019-02-22 (distributed 4 times)
Question Presented (AI Summary)

Whether Florida's State attempted 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

Question Presented (from Petition)

QUESTION(S) PRESENTED 1. Whether Florida's State attempted robbery offense that includes “as an element" the common law requirement of overcoming ‘victim resistance" is categorically a oe "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 attempted 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.G. § 922(g) is unlawful, in violation of the Fifth Amendment Due Process . Clause ?

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.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-11-19
Memorandum of respondent United States filed.
2018-10-19
Motion to extend the time to file a response is granted and the time is extended to and including November 19, 2018.
2018-10-18
Motion to extend the time to file a response from October 18, 2019 to November 19, 2018, submitted to The Clerk.
2018-10-16
Supplemental brief of petitioner Rene Borrero filed.
2018-06-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 18, 2018)

Attorneys

Rene Borrero
Rene Borrero — Petitioner
Rene Borrero — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent