No. 18-8076

Elijah Loren Arthur, Sr. v. United States

Lower Court: Ninth Circuit
Docketed: 2019-02-22
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: 18-usc-1 18-usc-16 18-usc-924c circuit-split crime-of-violence criminal-law criminal-statute federal-criminal-law sentencing-enhancement statutory-interpretation
Key Terms:
AdministrativeLaw
Latest Conference: 2019-10-01 (distributed 2 times)
Question Presented (AI Summary)

Does 18 U.S.C. § 924(c) define one or two crimes?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Does 18 U.S.C. § 924(c) define only one crime, as held by the Seventh and Ninth Circuits, or two crimes, as held by the Sixth and Eighth Circuits? Il. Does first degree murder in violation of 18 U.S.C. § 1 categorically qualify as a “crime of violence” pursuant to 18 U.S.C. §§ 16 and 924(c)(3)?

Docket Entries

2019-10-07
Petition DENIED.
2019-09-18
Letter from counsel for petitioner received. (Distributed)
Main Document
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-07-09
Reply of petitioner Elijah Loren Arthur, Sr. filed.
Main DocumentProof of Service
2019-06-24
Brief of respondent United States in opposition filed.
Proof of ServiceMain Document
2019-05-22
Motion to extend the time to file a response is granted and the time is further extended to and including June 24, 2019.
2019-05-21
Motion to extend the time to file a response from May 24, 2019 to June 24, 2019, submitted to The Clerk.
Main Document
2019-04-17
Motion to extend the time to file a response is granted and the time is extended to and including May 24, 2019.
2019-04-16
Motion to extend the time to file a response from April 24, 2019 to May 24, 2019, submitted to The Clerk.
Main Document
2019-03-25
Response Requested. (Due April 24, 2019)
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-08
Waiver of right of respondent United States to respond filed.
Main Document
2019-02-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2019)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixAppendixAppendixProof of Service

Attorneys

Elijah Loren Arthur, Sr.
Daniel Lee Kaplan — Office of the Federal Public Defender, Petitioner
Daniel Lee Kaplan — Office of the Federal Public Defender, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent