No. 18-7984

James Scott Ervin v. United States

Lower Court: Fourth Circuit
Docketed: 2019-02-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-924 armed-career-criminal-act criminal-law criminal-procedure due-process fourth-circuit north-carolina statutory-interpretation violent-felony
Key Terms:
AdministrativeLaw Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-03-22
Question Presented (AI Summary)

Did the Fourth Circuit Court of Appeals violate the Petitioner's rights to due-process by not following this Court's prior holdings, when it determined that North Carolina General Statute § 14-87 was a violent felony for the purposes of sustaining a predicate offense for the Armed Career Criminal Act, although the statute does not have as an element, the use, attempted use, or threatened use of violent physical force as required under 18 U.S.C. § 924(e)(2)(B)(i)?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ; I. Did the Fourth Circuit Court of Appeals violate the Petitioner's rights to due : process by not following this Court's prior holdings, when it determined that North Carolina General Statute § 14-87 was a violent felony for the purposes : . of sustaining a predicate offense for the Armed career Criminal Act, although the statute does not have as.an element, the use, attempted use, or threatened : . , use of violent physical force as requiréd under 18 U.S.C. § 924(e)(2)(B) (i)? . s . . + ° . ,

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-28
Waiver of right of respondent United States to respond filed.
2018-12-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 18, 2019)

Attorneys

James Scott Ervin
James Scott Ervin Jr. — Petitioner
James Scott Ervin Jr. — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent