No. 18-7500

Clay O'Brien Mann v. United States

Lower Court: Tenth Circuit
Docketed: 2019-01-22
Status: Denied
Type: IFP
IFP
Tags: 18-usc-113 18-usc-924 armed-career-criminal-act assault crime-of-violence criminal-law criminal-statute elements-clause firearm-discharge mens-rea recklessness violent-crime
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-05-23
Question Presented (AI Summary)

Whether a felony offense with a recklessness mens rea, such as reckless driving while intoxicated, satisfies the requirements of the elements clauses of 18 U.S.C. § 924(c)(3)(A) and the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(i), when the offense does not require proof of any purposeful or knowing act to use violent physical force against the person or property of another?

Question Presented (from Petition)

Question Presented For Review Mann was charged in an indictment with violating 18 U.S.C. § 924(c)(1)(A)(ili) by discharging a firearm during and in relation to a crime of violence, namely assault resulting in serious bodily injury. The district court granted his motion to dismiss the indictment with prejudice because it found the “crime of violence” definition in 18 U.S.C. § 924(c)(3)(A) and (B) does not cover offenses like the assault in 18 U.S.C. § 113(a)(6) which can be committed with a reckless mens rea. The Tenth Circuit Court of Appeals reversed that decision. It held that assault resulting in serious bodily injury is a crime of violence, although an accused can violate § 113(a)(6) by recklessly driving while intoxicated. Mann presents the following issue to this Court: Whether a felony offense with a recklessness mens rea, such as reckless driving while intoxicated, satisfies the requirements of the elements clauses of 18 U.S.C. § 924(c)(3)(A) and the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(i), when the offense does not require proof of any purposeful or knowing act to use violent physical force against the person or property of another? i

Docket Entries

2019-05-28
Petition DENIED.
2019-05-13
Supplemental brief of petitioner Clay O'Brien Mann filed. (Distributed)
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-05-06
Reply of petitioner Clay O'Brien Mann filed. (Distributed)
2019-04-24
Brief of respondent United States of America in opposition filed.
2019-03-19
Motion to extend the time to file a response is granted and the time is further extended to and including April 24, 2019.
2019-03-18
Motion to extend the time to file a response from March 25, 2019 to April 24, 2019, submitted to The Clerk.
2019-02-15
Motion to extend the time to file a response is granted and the time is extended to and including March 25, 2019.
2019-02-13
Motion to extend the time to file a response from February 21, 2019 to March 25, 2019, submitted to The Clerk.
2019-01-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 21, 2019)

Attorneys

Clay O'Brien Mann
Margaret Ann KatzeFederal Public Defender, Petitioner
Margaret Ann KatzeFederal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent