No. 18-9183

Zachary Wayne Jones v. United States

Lower Court: Ninth Circuit
Docketed: 2019-05-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: categorical-approach civil-procedure due-process federal-law federal-prosecution fifth-amendment generic-federal-standard predicate-offense state-statute
Key Terms:
DueProcess Immigration Privacy
Latest Conference: 2019-06-06
Question Presented (AI Summary)

Is it a violation of Due Process under the Fifth Amendment for the federal government to utilize a state statute in the prosecution of a federal law as the predicate offense, when that state statute is broader than the generic federal standard and fails to pass the categorical approach?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Is it a violation of Due Process under the Fifth Amendment for the federal government to utilize a state statute in the prosecution of a federal law as the predicate offense, when that : state statute is broader than the generic federal standard and fails to pass the categorical approach? Does congress passing of§2423(a), which allows the language of a state misdemeanor for which a defendant was not charged, to define a federal Class A felony, violate Due Process? i

Docket Entries

2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-14
Waiver of right of respondent United States to respond filed.
2019-05-06
Application (18A1139) granted by Justice Kagan extending the time to file until May 28, 2019.
2019-04-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 6, 2019)
2019-04-18
Application (18A1139) to extend the time to file a petition for a writ of certiorari from April 28, 2019 to May 28, 2019, submitted to Justice Kagan.

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Zachary Jones
Zachary Wayne Jones — Petitioner
Zachary Wayne Jones — Petitioner