Aceshunn Brown v. United States
HabeasCorpus Immigration JusticiabilityDoctri
Whether an attempt to commit a violent felony is a violent felony under the ACCA force clause
QUESTIONS PRESENTED 1. Whether an attempt to commit a violent felony, in this case second-degree New York robbery, is a violent felony under the force clause of the Armed Career Criminal Act, 18 U.S.C. § 924(e) (“ACCA”) when the attempt statute differs substantively from the underlying offense, and does not have as an element the use, attempted use or threatened use of physical force? 2. Whether a conviction for an attempt to commit a robbery under New York Penal Law § 160.10(1) is a violent felony when the elements of the statute can be met by aiding another person present, including serving as a lookout, and without the defendant using, attempting to use, or threatening to use physical force? i