No. 19-5772

Sergio Saldivar Gutierrez v. United States

Lower Court: Ninth Circuit
Docketed: 2019-08-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act assault-statute california-penal-code conscious-disregard-of-risk criminal-intent force-clause general-intent physical-force specific-intent statutory-interpretation violent-felony
Key Terms:
HabeasCorpus Immigration JusticiabilityDoctri
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Whether an offense that does not require, at a minimum, a conscious disregard of a risk of harm, lacks an element of the 'use of physical force against the person of another' as required to categorically qualify as a 'violent felony' under the Armed Career Criminal Act's force clause, 18 U.S.C. § 924(e)(2)(B)(i)

Question Presented (OCR Extract)

QUESTION PRESENTED ON REVIEW California state courts have authoritatively construed the state statute punishing assault with a deadly weapon, California Penal Code § 245(a)(1) and (2), as a “general intent” crime that lacks any requirement of a specific intent to harm, nor even the defendant’s knowledge that his or her conduct is likely to cause harm. The question presented here is whether an offense that does not require, at a minimum, a conscious disregard of a risk of harm, lacks an element of the “use of physical force against the person of another” as required to categorically qualify as a “violent felony” under the Armed Career Criminal Act’s force clause, 18 U.S.C. § 924(e)(2)(B)(@). i

Docket Entries

2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-18
Waiver of right of respondent United States of America to respond filed.
2019-08-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 30, 2019)

Attorneys

United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent