No. 19-6678

Joseph Van Sach v. United States

Lower Court: Seventh Circuit
Docketed: 2019-11-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act armed-career-criminal-act-acca circuit-split criminal-law illinois-armed-robbery sentencing sentencing-enhancement seventh-circuit statutory-interpretation stokeling-v-united-states violent-felony
Key Terms:
HabeasCorpus
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Is Illinois armed 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 Van Sach was sentenced under the Armed Career Criminal Act (ACCA). He has a prior conviction for Illinois armed robbery. If this conviction does not qualify as an ACCA predicate, Van Sach is serving an illegal sentence. Is Illinois armed 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. Van Sach v. United States, 139 S. Ct. 1255 (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 Van Sach’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.
2019-11-27
Waiver of right of respondent United States of America to respond filed.
2019-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 19, 2019)
2019-09-06
Application (19A267) granted by Justice Kavanaugh extending the time to file until November 18, 2019.
2019-08-29
Application (19A267) 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

Joseph Van Sach
William H TheisFederal Defender Program, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent