No. 19-5629

Al-Malik Fruitkwan Shabazz v. United States

Lower Court: Second Circuit
Docketed: 2019-08-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act armed-career-criminal-act-1984 categorical-approach connecticut-general-statutes-53a-133 connecticut-robbery florida-robbery force-clause resentencing sentencing statutory-interpretation stokeling-v-united-states stokeling-vs-united-states supervised-release violent-felony
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether robbery under Connecticut General Statutes § 53a-133 categorically qualifies as a 'violent felony' under the force clause of the Armed Career Criminal Act of 1984 ('ACCA'), 18 U.S.C. § 924(e)(2)(B)

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether robbery under Connecticut General Statutes § 53a-133 categorically qualifies as a “violent felony” under the force clause of the Armed Career Criminal Act of 1984 (“ACCA”), 18 U.S.C. § 924(e)(2)(B), even though Connecticut robbery is broader than Florida robbery, which was considered by this Court in Stokeling v. United States, 139 S. Ct. 544 (2019). II. Whether Mr. Shabazz’s case should be remanded to the District Court for a full resentencing of Mr. Shabazz as he stands before the Court today, see Pepper v. United States, 562 U.S. 476 (2011), rather than have his original sentence reinstated, which would include a mandatory five-year term of supervised release despite him already having served more than two-and-one-half years of supervised release. 1

Docket Entries

2019-10-07
Petition DENIED.
2019-09-12
DISTRIBUTED for Conference of 10/1/2019.
2019-09-05
Waiver of right of respondent United States of America to respond filed.
2019-08-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 19, 2019)

Attorneys

Al-Malik Fruitkwan Shabazz
Charles F. WillsonFederal Public Defender's Office, Petitioner
Charles F. WillsonFederal Public Defender's Office, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent