No. 18-7192

Lavell Phillips v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-12-28
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: armed-career-criminal-act attempted-first-degree-murder attempted-murder attempted-use-of-force criminal-statute elements-clause first-degree-murder physical-force procedural-background sentencing-enhancement statutory-interpretation violent-felony
Key Terms:
HabeasCorpus
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Where a completed offense satisfies the ACCA's elements clause, does the attempted commission of that offense necessarily do so as well?

Question Presented (OCR Extract)

QUESTION PRESENTED Under the Armed Career Criminal Act (“ACCA”), a “violent felony” is defined as, inter alia, a felony that “has 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)(i). Here, the Eleventh Circuit held that the Florida offense of attempted first-degree murder satisfied that definition. It broadly reasoned that because completed first-degree murder satisfied that definition, an attempt to commit that offense did so as well because it necessarily required the “attempted use” of physical force. The question presented is: Where a completed offense satisfies the ACCA’s elements clause, does the attempted commission of that offense necessarily do so as well? i

Docket Entries

2019-02-19
Petition DENIED.
2019-01-17
DISTRIBUTED for Conference of 2/15/2019.
2019-01-11
Waiver of right of respondent United States of America to respond filed.
2018-12-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 28, 2019)

Attorneys

Lavell Phillips
Andrew Lee AdlerFederal Public Defender's Office, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent