No. 18-8455
Response WaivedIFP
Tags: bank-robbery constitutional crime-of-violence criminal-law due-process federal-bank-robbery ussg-4b1.2 void-for-vagueness
Latest Conference:
2019-04-12
Question Presented (from Petition)
1. Is a threatened use of physical force against the person of another an element of federal bank robbery, 18 U.S.C. §2113(a), so as to make it a crime of violence under USSG §4B1.2(a)(1)'s elements clause, when the Ninth Circuit holds that nothing more than a demand for money suffices to support conviction?
2. Can a guideline violate the due process clause for a reason that is not grounded in the void-for-vagueness doctrine?
Question Presented (AI Summary)
Is a threatened use of physical force against the person of another an element of federal bank robbery, 18 U.S.C. §2113(a), so as to make it a crime of violence under USSG §4B1.2(a)(1)'s elements clause, when the Ninth Circuit holds that nothing more than a demand for money suffices to support conviction?
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.
2019-03-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 18, 2019)
Attorneys
Marc Shiroma
United States of America
Noel J. Francisco — Solicitor General, Respondent