No. 18-6292

Anthony Robinson v. United States

Lower Court: Third Circuit
Docketed: 2018-10-15
Status: Denied
Type: IFP
IFP
Tags: 18-usc-924(c)(3)(A) categorical-approach circuit-split crime-of-violence federal-criminal-law federal-criminal-provisions federal-criminal-statute force-element statutory-interpretation third-circuit united-states
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether the categorical approach applies in determining whether an offense has an element of force and thereby qualifies as a 'crime of violence' for purposes of 18 U.S.C. § 924(c)(3)(A)

Question Presented (OCR Extract)

QUESTION PRESENTED This Court has consistently held that a “categorical approach” applies when determining whether an offense has as an element the use of force, and thereby qualifies as a predicate for purposes of various federal criminal provisions. The lower federal courts have at times deviated from the categorical approach in other contexts, and this Court has intervened to correct matters. See, e.g., Descamps v. United States, 133 S. Ct. 2276 (2013). This case presents the starkest deviation to date, where the Third Circuit held—in conflict with the holdings of at least ten other courts of appeals and the position of the United States itself—that the categorical approach does not apply when determining whether an offense has an element of force and thereby qualifies as a “crime of violence” under 18 U.S.C. § 924(c)(3)(A). The question presented is: Whether the categorical approach applies in determining whether an offense has an element of force and thereby qualifies as a “crime of violence” for purposes of 18 U.S.C. § 924(c)(3)(A). i

Docket Entries

2019-02-19
Petition DENIED.
2019-02-05
Reply of petitioner Anthony Robinson filed. (Distributed)
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-14
Memorandum of respondent United States filed.
2018-12-14
Motion to extend the time to file a response is granted and the time is further extended to and including January 14, 2019.
2018-12-13
Motion to extend the time to file a response from December 14, 2018 to January 14, 2019, submitted to The Clerk.
2018-11-09
Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2018.
2018-11-07
Motion to extend the time to file a response from November 14, 2018 to December 14, 2018, submitted to The Clerk.
2018-10-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 14, 2018)

Attorneys

Anthony Robinson
Brett Garrett SweitzerFederal Community Defender Office for the EDPA, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent