No. 18-6913

Lamar Sowell v. United States

Lower Court: Third Circuit
Docketed: 2018-12-06
Status: Denied
Type: IFP
IFP
Tags: 18-usc-924(c)(3)(A) categorical-approach circuit-split crime-of-violence federal-criminal-provisions force-element lower-federal-courts statutory-interpretation united-states
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-03-15
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

2019-03-18
Petition DENIED.
2019-02-21
DISTRIBUTED for Conference of 3/15/2019.
2019-02-14
Reply of petitioner Lamar Sowell filed.
2019-02-06
Memorandum of respondent United States filed.
2019-01-07
Motion to extend the time to file a response is granted and the time is extended to and including February 6, 2019.
2019-01-03
Motion to extend the time to file a response from January 7, 2019 to February 6, 2019, submitted to The Clerk.
2018-11-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2019)

Attorneys

Lamar Sowell
Brett Garrett SweitzerFederal Community Defender Organization, Petitioner
Brett Garrett SweitzerFederal Community Defender Organization, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent