No. 18-7113

Dewey Hylor v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-12-19
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: armed-career-criminal-act attempted-offense circuit-conflict criminal-conviction elements-clause florida-robbery mens-rea reckless-mens-rea violent-felony
Key Terms:
HabeasCorpus
Latest Conference: 2019-03-22
Question Presented (AI Summary)

Whether petitioner's prior conviction for Florida robbery is not a 'violent felony' under the Armed Career Criminal Act's elements clause

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW dk Whether petitioner’s prior conviction for Florida robbery in violation of Fla. Stat. § 812.13, is not a “siplent felony” under the elements clause Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), because it does not have “as an element the use, attempted use, or threatened use of physical force against the person of another,” 18 U.S.C. § 924(e)(2)(B)@. This question is before the Court in Denard Stokeling v. United States, No. 17-5554. De Whether a criminal offense with a reckless mens rea qualifies as a “violent felony” under the ACCA’s elements clause. 3. If a completed offense categorically has “as an element the use, ... or threatened use of physical force against the person of another,” is it automatically true that the attempted commission of that offense is categorically an ACCA “violent felony” under the elements clause as well? i INTERESTED PARTIES There are no

Docket Entries

2019-03-25
Petition DENIED.
2019-03-08
Reply of petitioner Dewey Hylor filed. (Distributed)
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-19
Memorandum of respondent United States filed.
2019-01-11
Motion to extend the time to file a response is granted and the time is extended to and including February 19, 2019.
2019-01-10
Motion to extend the time to file a response from January 18, 2019 to February 19, 2019, submitted to The Clerk.
2018-12-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 18, 2019)
2018-10-05
Application (18A351) granted by Justice Thomas extending the time to file until December 15, 2018.
2018-10-01
Application (18A351) to extend the time to file a petition for a writ of certiorari from October 16, 2018 to December 15, 2018, submitted to Justice Thomas.

Attorneys

Dewey Hylor
Janice L. Bergmann — Petitioner
Janice L. Bergmann — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent