No. 19-6278

Kenneth Lyle Spangle v. United States

Lower Court: Ninth Circuit
Docketed: 2019-10-17
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 18-usc-2113 18-usc-924 arbitrary-and-capricious bank-robbery categorical-approach certificate-of-appealability crime-of-violence due-process federal-bank-robbery fifth-amendment meaningful-review
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus
Latest Conference: 2019-11-15
Question Presented (AI Summary)

Whether the Circuit's decision to deny a certificate of appealability without any analysis or explanation for its decision at all was so arbitrary and capricious that it deprived Petitioner of his right to due process under the Fifth Amendment or of his right to meaningful review in this Court

Question Presented (OCR Extract)

Questions Presented Whether the Circuit’s decision to deny a certificate of appealability without any analysis or explanation for its decision at all was so arbitrary and capricious that it deprived Petitioner of his right to due process under the Fifth Amendment or of his right to meaningful review in this Court. Whether federal bank robbery under 18 U.S.C. § 2113(a) and (d) be a crime of violence under the elements clause of 18 U.S.C. § 924(c)(8)(A) and U.S.S.G. § 4A1.2, where the offense does not require the intentional use, attempted use, or threat of violent physical force i Statement of

Docket Entries

2019-11-18
Petition DENIED.
2019-10-31
DISTRIBUTED for Conference of 11/15/2019.
2019-10-23
Waiver of right of respondent United States of America to respond filed.
2019-10-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 18, 2019)

Attorneys

Kenneth Lyle Spangle
Brianna Fuller MircheffOffice of the Federal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent