No. 19-6618

Delvin Deon Tinker v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-11-13
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: armed-career-criminal-act constitutional-provision criminal-motion elements-clause federal-statutory-provision mens-rea resisting-arrest retroactive-constitutional-decision retroactive-decision section-2255
Key Terms:
HabeasCorpus
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Question not identified

Question Presented (from Petition)

QUESTIONS PRESENTED IL Under what circumstances is a criminal defendant pursuing a motion under 28 U.S.C. § 2255 entitled to relief under a_ retroactive constitutional decision invaliding a federal statutory provision, where the record is silent as to whether the district court based its original judgment on that provision or another provision of the same statute? I. Whether a criminal offense with a reckless mens rea qualifies as a “violent felony” under the elements clause of the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(@). II. Whether a criminal offense for resisting arrest, which can be committed by “wiggling and struggling,” qualifies as a “violent felony” under the elements clause of the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(). i

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-13
Memorandum of respondent United States of America filed.
2019-12-05
Motion to extend the time to file a response is granted and the time is extended to and including January 13, 2020.
2019-12-04
Motion to extend the time to file a response from December 13, 2019 to January 13, 2020, submitted to The Clerk.
2019-11-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 13, 2019)

Attorneys

Delvin Deon Tinker
Tracy M. Dreispulfederal Public Defender Southern District of Florida, Petitioner
Tracy M. Dreispulfederal Public Defender Southern District of Florida, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent