No. 19-6664

Steven Klikno v. United States

Lower Court: Seventh Circuit
Docketed: 2019-11-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act illinois-robbery sentencing sentencing-enhancement seventh-circuit seventh-circuit-interpretation stokeling-precedent stokeling-v-united-states violent-felony
Key Terms:
HabeasCorpus
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Is Illinois robbery an ACCA violent felony after this Court's decision in Stokeling v. United States, 139 S. Ct. 544 (2019)?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Klikno was sentenced under the Armed Career Criminal Act (ACCA). He has a prior conviction for Illinois robbery. If this conviction does not qualify as an ACCA predicate, Klikno is serving an illegal sentence. Is Illinois robbery an ACCA violent felony after this Court’s decision in Stokeling v. United States, 139 S. Ct. 544 (2019)? This Court previously granted certiorari on this question, vacated the judgment, and remanded to the Seventh Circuit for further consideration in light of Stokeling. Klikno v. United States, 139 S. Ct. 1249 (2019). On remand, the Seventh Circuit adhered to its previous rulings that Illinois robbery is a violent felony. Klikno v. United States, 928 F.3d 539 (7th Cir. 2019). This question is also presented in three other cases that this Court remanded to the Seventh Circuit. These three cases were decided in the same opinion that decided Klikno’s case, and petitions for certiorari are being filed in all four cases. i

Docket Entries

2020-01-13
Petition DENIED.
2019-12-05
DISTRIBUTED for Conference of 1/10/2020.
2019-11-25
Waiver of right of respondent United States of America to respond filed.
2019-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 18, 2019)
2019-09-05
Application (19A263) granted by Justice Kavanaugh extending the time to file until November 18, 2019.
2019-08-29
Application (19A263) to extend the time to file a petition for a writ of certiorari from September 19, 2019 to November 18, 2019, submitted to Justice Kavanaugh.

Attorneys

Steven Klikno
William H TheisFederal Defender Program, Petitioner
William H TheisFederal Defender Program, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent