No. 18-6768

Michael Perez v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-11-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: commerce-clause criminal-law criminal-law-sentencing due-process federal-sentencing-guidelines mens-rea resisting-arrest state-criminal-law statutory-interpretation violence violent-crime
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether the quantum of force required by the elements of the Florida offense of resisting with violence, Fla. Stat. § 843.01, is sufficient to qualify the offense as a 'crime of violence'?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether the quantum of force required by the elements of the Florida offense of resisting with violence, Fla. Stat. § 843.01, is sufficient to qualify the offense as a “crime of violence”? 2. Whether the mens rea required respectively by the elements of the Florida offenses of resisting with violence, Fla. Stat. § 843.01, and aggravated assault, Fla. Stat. § 784.021 is a sufficient degree of intent to qualify as the “use” of physical force? 3. Whether 18 U.S.C. § 922(g)(1) is facially unconstitutional because it exceeds Congress’s authority under the Commerce Clause and is unconstitutional as applied to the intrastate possession of a firearm? i

Docket Entries

2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-12-03
Waiver of right of respondent United States to respond filed.
2018-11-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 21, 2018)

Attorneys

Michael Perez
Lynn Palmer BaileyFederal Defender's Office, Petitioner
Lynn Palmer BaileyFederal Defender's Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent