No. 19-5763

Jose Lara-Garcia v. United States

Lower Court: Fifth Circuit
Docketed: 2019-08-30
Status: GVR
Type: IFP
Relisted (4)IFP Experienced Counsel
Tags: circuit-split criminal-law federal-law federal-sentencing immigration immigration-law mens-rea reckless-mental-state recklessness sentencing statutory-interpretation use-of-force
Key Terms:
Immigration Privacy
Latest Conference: 2021-06-17 (distributed 4 times)
Question Presented (AI Summary)

Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless mental state

Question Presented (from Petition)

QUESTION PRESENTED Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless mental state.! ! The petition for a writ of certiorari in Alan Victor Gomez Gomez v. United States, No. 195325 (filed July 25, 2019), raises the same issue as is raised in this petition. i

Docket Entries

2021-07-23
JUDGMENT ISSUED.
2021-06-21
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 <i>Borden</i> v. <i>United States</i>, 593 U. S. ___ (2021).
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.
2019-11-14
DISTRIBUTED for Conference of 12/6/2019.
2019-10-30
Response to petition from respondent United Staes of America filed.
2019-09-25
Motion to extend the time to file a response is granted and the time is extended to and including October 30, 2019.
2019-09-24
Motion to extend the time to file a response from September 30, 2019 to October 30, 2019, submitted to The Clerk.
2019-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 30, 2019)

Attorneys

Jose Lara-Garcia
Kathryn ShephardFederal Public Defender, Petitioner
Kathryn ShephardFederal Public Defender, Petitioner
United Staes of America
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent