No. 19-5727

Trayvon Smith v. United States

Lower Court: Ninth Circuit
Docketed: 2019-08-29
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (5)IFP
Tags: against-the-person-of-another crime-of-violence criminal-law federal-court federal-law federal-recidivism intentional-conduct mens-rea negligence recidivism recidivism-enhancement sentencing sentencing-guidelines state-court-interpretation state-law
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-06-17 (distributed 5 times)
Question Presented (AI Summary)

Whether a state offense qualifies as a crime of violence

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1) Whether, when determining whether a state offense qualifies as a crime of violence, a federal court is bound by the decision of the state’s highest court to label a mens rea as something greater than negligence when this Court has unequivocally established that the same mens rea under federal law constitutes mere negligence? 2) Where the definition of a crime of violence under federal recidivism enhancement provisions, such as U.S.S.G. § 4B1.2(a)(1), include the limiting language “against the person of another,” is that language mere surplusage or must a defendant be more than negligent with respect to whether his intentional conduct could harm another? i

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2020-02-24
DISTRIBUTED for Conference of 2/28/2020.
2020-02-14
DISTRIBUTED for Conference of 2/21/2020.
2019-12-12
DISTRIBUTED for Conference of 1/10/2020.
2019-12-06
Reply of petitioner Trayvon Smith filed.
2019-11-22
Brief of respondent United States of America in opposition filed.
2019-10-17
Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2019.
2019-10-16
Motion to extend the time to file a response from October 23, 2019 to November 22, 2019, submitted to The Clerk.
2019-09-23
Response Requested. (Due October 23, 2019)
2019-09-12
DISTRIBUTED for Conference of 10/1/2019.
2019-09-06
Waiver of right of respondent United States of America to respond filed.
2019-08-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 30, 2019)

Attorneys

Trayvon Smith
Peggy SassoOffice of the Federal Defender, Petitioner
Peggy SassoOffice of the Federal Defender, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent