No. 18-7642

Kirk Lassend v. United States

Lower Court: First Circuit
Docketed: 2019-01-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acca accomplice-liability armed-robbery circuit-split non-dangerous-weapons sentencing strict-liability violent-felony
Key Terms:
FifthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-03-01
Question Presented (AI Summary)

Whether a crime which does not require the actual use of violent force can qualify as a 'violent felony' under the ACCA

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether This Court Should Grant This Petition To Resolve The Circuit Split As To Whether A Crime Which Does Not Require The Actual Use Of Violent Force Can Qualify As A “Violent Felony” Under The ACCA. 2. Whether This Court Should Grant The Petition To Determine Whether Mr. Lassend Can Be Held To Have Committed A “Violent Felony” When The Armed Robbery Statue Allows Convictions Based On Use Of Non-Dangerous Weapons And Also Imposes Strict Accomplice Liability That Does Not Comport With The Purpose Of Imposing An Enhanced ACCA Sentence. ii

Docket Entries

2019-03-04
Petition DENIED.
2019-02-14
DISTRIBUTED for Conference of 3/1/2019.
2019-02-08
Waiver of right of respondent United States of America to respond filed.
2019-01-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 28, 2019)

Attorneys

Kirk Lassend
Karen Ann PickettPickett Law Offices, P.C., Petitioner
Karen Ann PickettPickett Law Offices, P.C., Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent