No. 18-6269

Matthew Clayton Lloyd v. United States

Lower Court: Tenth Circuit
Docketed: 2018-10-10
Status: Denied
Type: IFP
IFP
Tags: 18-usc-2113 18-usc-924(c) armed-bank-robbery bank-robbery crime-of-violence extortion force-clause intimidation johnson-ruling johnson-v-united-states physical-force sentencing-review weapon-enhancement
Key Terms:
DueProcess HabeasCorpus Securities
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Is federal bank robbery a crime of violence under 18 U.S.C. § 924(c)

Question Presented (OCR Extract)

Questions Presented For Review Lloyd pleaded guilty to carjacking, armed bank robbery and unlawfully brandishing a firearm during a bank robbery in violation of 18 U.S.C. § 924(c). He filed a motion to correct the sentence under 28 U.S.C. § 2255 in which he argued that after United States v. Johnson, 135 S.Ct. 2551 (2015), his § 924(c) conviction for brandishing a firearm during a crime of violence is longer enforceable. The district court denied his motion and the Tenth Circuit Court of Appeals affirmed that decision. Lloyd presents the following issues to this Court: I. Is federal bank robbery in violation of 18 U.S.C. § 2113, which can be accomplished by “intimidation” or “extortion” a crime of violence as defined in the force clause of 18 U.S.C. § 924(c)(3)(A), if federal appellate courts have specifically held that intimidation can be implied and extortion can be carried out without the threat of violence? II. What amount of force satisfies this Court’s definition of “physical force”, that is, force capable of causing physical pain or injury to another person as described in Johnson y. United States, 559 U.S. 133, 140 (2010)? Ill. Did the Tenth Circuit incorrectly conclude that the element ‘use of a dangerous weapon’ in federal bank robbery always involves the threatened use of violent force when other circuits have found displaying, much less brandishing, a weapon is not necessary to commit the offense? i

Docket Entries

2019-02-19
Petition DENIED.
2019-01-24
DISTRIBUTED for Conference of 2/15/2019.
2019-01-22
Reply of petitioner Matthew Lloyd filed. (Distributed)
2019-01-09
Brief of respondent United States in opposition filed.
2018-12-07
Motion to extend the time to file a response is granted and the time is further extended to and including January 9, 2019.
2018-12-06
Motion to extend the time to file a response from December 10, 2018 to January 9, 2019, submitted to The Clerk.
2018-10-31
Motion to extend the time to file a response is granted and the time is extended to and including December 10, 2018.
2018-10-30
Motion to extend the time to file a response from November 9, 2018 to December 10, 2018, submitted to The Clerk.
2018-10-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 9, 2018)

Attorneys

Matthew Lloyd
Gordon Devon M. FooksFederal Public Defender, District of New Mexico, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent