No. 18-8406

Demone Rule v. United States

Lower Court: Seventh Circuit
Docketed: 2019-03-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act attempt-offense attempted-offense categorical-approach elements-clause illinois-law physical-force sentencing-enhancement substantial-step violent-felony
Key Terms:
SocialSecurity Immigration
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Whether an Illinois attempt offense that does not require the use, attempted use, or threatened use of physical force against the person or property of another categorically qualifies as a 'violent felony' under the Armed Career Criminal Act's elements clause?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Illinois attempt offense contain only two elements: the intent to commit an offense and a substantial step towards commission of the offense. The substantial step towards the commission of the offense does not require the use, attempted use, or threatened use of physical force against the person or property of another. Ifa completed offense categorically has “as an element the use,... or threatened use of physical force against the person of another,” does the attempted commission of that offense automatically categorically qualify under the Armed Career Criminal Act as a “violent felony” under the elements clause as well? ii

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-26
Waiver of right of respondent United States of America to respond filed.
2019-03-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 15, 2019)

Attorneys

Demone Rule
Quinn MichaelisQuinn Michaelis, Attorney at Law, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent