No. 18-7233

Hosea Latron Swopes v. United States

Lower Court: Eighth Circuit
Docketed: 2019-01-04
Status: Denied
Type: IFP
IFP
Tags: armed-career-criminal-act assault circuit-split intent physical-force statutory-interpretation threat violent-felony weapon-exhibition
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Whether a statute prohibiting an angry exhibition of a weapon in the presence of another without requiring that the perpetrator direct or intend to direct this conduct at the person of another constitutes 'the use, attempted use, or threatened use of physical force against the person of another' under 18 U.S.C. § 924(e)(2)(B)(i)

Question Presented (OCR Extract)

question presented in this petition is: 1. Whether a statute prohibiting an angry exhibition of a weapon in the presence of another without requiring that the perpetrator direct or intend to direct this conduct at the person of another constitutes “the use, attempted use, or threatened use of physical force against the person of another” under 18 U.S.C. § 924(e)(2)(B)(i). 2

Docket Entries

2019-04-15
Petition DENIED.
2019-04-08
Proof of Service filed with respect to reply brief of petitoner.
2019-04-04
Reply of petitioner Hosea Swopes filed. (Distributed)
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-06
Brief of respondent United States in opposition filed.
2019-01-31
Motion to extend the time to file a response is granted and the time is extended to and including March 6, 2019.
2019-01-30
Motion to extend the time to file a response from February 4, 2019 to March 6, 2019, submitted to The Clerk.
2019-01-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 4, 2019)
2018-12-10
Application (18A447) granted by Justice Gorsuch extending the time to file until December 30, 2018.
2018-11-16
Application (18A447) to extend further the time from November 30, 2018 to December 30, 2018, submitted to Justice Gorsuch.
2018-10-26
Application (18A447) granted by Justice Gorsuch extending the time to file until November 30, 2018.
2018-10-18
Application (18A447) to extend the time to file a petition for a writ of certiorari from October 31, 2018 to December 30, 2018, submitted to Justice Gorsuch.

Attorneys

Hosea Swopes
Nanci McCarthyFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent