No. 18-7432
Cornell W. Barber v. United States
Response WaivedIFP
Tags: armed-career-criminal-act bodily-injury criminal-law criminal-statute curtis-johnson-v-united-states mens-rea reckless reckless-conduct reckless-mens-rea united-states-v-castleman violent-felony
Latest Conference:
2019-02-15
Question Presented (from Petition)
I. Whether a criminal offense with a reckless mens rea -- in this case, Assault with a Dangerous Weapon under D.C. Code § 22402, which can be violated, for example, by reckless driving - qualifies as a "violent felony" under the Armed Career Criminal Act, 18 U.S.C. § 924(e).
II. Whether the causation of bodily injury necessarily entails "violent" force within the meaning of (Curtis) Johnson v. United States, 559 U.S. 133 (2010) -- an issue explicitly left open in United States v. Castleman, 134 S. Ct. 1405 (2014).
Question Presented (AI Summary)
Whether a criminal offense with a reckless mens rea qualifies as a 'violent felony' under the Armed Career Criminal Act
Docket Entries
2019-02-19
Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-23
Waiver of right of respondent United States to respond filed.
2019-01-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2019)
Attorneys
Cornell W. Barber
Lisa Burget Wright — Federal Public Defender, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent