No. 18-8525

Robert Brian Winston v. United States

Lower Court: Ninth Circuit
Docketed: 2019-03-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-924c3a armed-bank-robbery crime-of-violence elements-clause federal-criminal-law general-intent intent-standard intimidation statutory-interpretation
Key Terms:
Takings HabeasCorpus
Latest Conference: 2019-04-26
Question Presented (AI Summary)

Can reasonable jurists conclude that federal armed bank robbery by intimidation is not a crime of violence under the elements clause of 18 U.S.C. § 924(c)(3)(A) because the offense fails to require any intentional use, attempted use, or threatened use of violent physical force?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW This Court held in Carter v. United States, 530 U.S. 255, 268 (2000), that federal armed bank robbery under 18 U.S.C. § 2113(a) and (d) is a general intent offense. Decades of circuit precedent hold that intimidation under the statute is judged by the reasonable reaction of the victim, rather than by the defendant's intent. The question presented is: Can reasonable jurists conclude that federal armed bank robbery by intimidation is not a crime of violence under the elements clause of 18 U.S.C. § 924(c)(3)(A) because the offense fails to require any intentional use, attempted use, or threatened use of violent physical force? i

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-04-02
Waiver of right of respondent UNITED STATES OF AMERICA to respond filed.
2019-03-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2019)

Attorneys

ROBERT BRIAN WINSTON
Ann Catherine McClintockFederal Defender's Office, Petitioner
Ann Catherine McClintockFederal Defender's Office, Petitioner
UNITED STATES OF AMERICA
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent