No. 18-7432

Cornell W. Barber v. United States

Lower Court: District of Columbia
Docketed: 2019-01-15
Status: Denied
Type: IFP
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
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether a criminal offense with a reckless mens rea qualifies as a 'violent felony' under the Armed Career Criminal Act

Question Presented (from Petition)

QUESTIONS PRESENTED 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). ili

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 WrightFederal Public Defender, Petitioner
Lisa Burget WrightFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent