No. 19-6120

Raul Rodriguez v. United States

Lower Court: Third Circuit
Docketed: 2019-10-01
Status: Denied
Type: IFP
IFP
Tags: 18-usc-924(c) categorical-approach circuit-precedent crime-of-violence criminal-law criminal-procedure due-process gvr sentencing statutory-interpretation supreme-court-ruling third-circuit vagueness vagueness-doctrine
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Whether this petition should be granted, the vacated, and the case remanded (GVR) to the court of appeals for a determination in the first instance of whether Mr. Rodriguez's predicate offense is categorically a crime of violence for purposes of 18 U.S.C. § 924(c)(3)(A)

Question Presented (OCR Extract)

QUESTION PRESENTED In United States v. Davis, 139 S. Ct. 2319 (2019), the Court held the residual clause of 18 U.S.C. § 924(c) unconstitutionally vague, and in the process reaffirmed that the categorical approach applies to crime-of-violence determinations under that statute. Davis abrogates Third Circuit precedent holding that the categorical approach does not apply to crime-of-violence determinations under § 924(c). See United States v. Robinson, 844 F.3d 137 (3d Cir. 2016). Mr. Rodriguez’s case was disposed of under Robinson, and the question presented is: Whether this petition should be granted, the judgment of the Third Circuit vacated, and the case remanded (GVR) to the court of appeals for a determination in the first instance of whether Mr. Rodriguez’s predicate offense is categorically a crime of violence for purposes of 18 U.S.C. § 924(c)(3)(A). i

Docket Entries

2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-12-19
Reply of petitioner Raul Rodriguez filed. (Distributed)
2019-12-02
Memorandum of respondent United States of America filed.
2019-10-23
Motion to extend the time to file a response is granted and the time is extended to and including December 2, 2019.
2019-10-22
Motion to extend the time to file a response from October 31, 2019 to December 2, 2019, submitted to The Clerk.
2019-09-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 31, 2019)
2019-08-23
Application (19A117) granted by Justice Alito extending the time to file until September 28, 2019.
2019-08-20
Application (19A117) to extend further the time from August 29, 2019 to September 28, 2019, submitted to Justice Alito.
2019-07-26
Application (19A117) granted by Justice Alito extending the time to file until August 29, 2019.
2019-07-24
Application (19A117) to extend the time to file a petition for a writ of certiorari from July 30, 2019 to August 29, 2019, submitted to Justice Alito.

Attorneys

Raul Rodriguez
Brett Garrett SweitzerFederal Community Defender Office for EDPA, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent