No. 18-9425

Kevin Contreras v. United States

Lower Court: Fifth Circuit
Docketed: 2019-05-24
Status: GVR
Type: IFP
IFP Experienced Counsel
Tags: 18-usc-924(a) aggravated-assault criminal-law criminal-liability due-process equal-protection generic-offense interstate-movement physical-force recklessness sentencing statutory-interpretation use-of-physical-force vagueness voisine-v-united-states
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the Texas offense of aggravated assault is equivalent to the 'generic' form of that offense?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW I. Whether the Texas offense of aggravated assault is equivalent to the “generic” form of that offense? IL. Whether this Court's holding in Voisine v. United States, _U.S..__,136 S.Ct. 2272 (2016), that recklessness is consistent with the “use of physical force” extends beyond the definition of “misdemeanor crime of violence” at issue in that case? Il. Whether 18 U.S.C. 924(a) provides for criminal liability in the absence of a showing that the defendant knew of his felony status, or of his firearm’s interstate movement? ii PARTIES Kevin Contreras is the Petitioner, who was the defendant-appellant below. The United States of America is the Respondent, who was the plaintiff-appellee below. ili

Docket Entries

2019-11-08
JUDGMENT ISSUED.
2019-10-07
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Rehaif v. United States, 588 U. S. ___ (2019).
2019-08-08
DISTRIBUTED for Conference of 10/1/2019.
2019-07-24
Memorandum of respondent United States filed.
2019-06-19
Motion to extend the time to file a response is granted and the time is extended to and including July 24, 2019.
2019-06-18
Motion to extend the time to file a response from June 24, 2019 to July 24, 2019, submitted to The Clerk.
2019-05-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 24, 2019)

Attorneys

Kevin Contreras
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent