No. 18-9327

Aceshunn Brown v. United States

Lower Court: Second Circuit
Docketed: 2019-05-17
Status: Denied
Type: IFP
IFP
Tags: armed-career-criminal-act attempt force-clause new-york-law new-york-penal-law second-degree-robbery violent-felony
Key Terms:
HabeasCorpus Immigration JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether an attempt to commit a violent felony is a violent felony under the ACCA force clause

Question Presented (OCR Extract)

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

Docket Entries

2019-10-07
Petition DENIED. Justice Sotomayor took no part in the consideration or decision of this petition.
2019-07-05
DISTRIBUTED for Conference of 10/1/2019.
2019-05-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2019)

Attorneys

Aceshunn Brown
Kristen Marie SantilloGelber & Santillo PLLC, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent