No. 19-6703

Shondor Janell Arceneaux v. United States

Lower Court: Ninth Circuit
Docketed: 2019-11-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2113(a) 924(c) aiding-abetting aiding-and-abetting bank-robbery civil-rights criminal-procedure due-process federal-jurisdiction firearm-offense generic-crime-definition generic-definition remand sentencing sentencing-enhancement statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2020-01-10
Question Presented (AI Summary)

If §924(c) applies to predicate crimes whose elements are no broader than a Federal Generic Definition of that crime, is remand required if a defendant is only convicted aiding abetting a-bank robbery under §2113(a)(d) 2?

Question Presented (from Petition)

QUESTION(S) PRESENTED If §924(c) applies to predicate crimes; whose Elements are no Broader than a Federal Generic Definition of that crime , is... remand required if a defendant is only convicted aiding abetting.. a-bank robbery under §2113(a)(d) 2? Il. Is it Unconstitutional for a sentence under §924(c) to be applied as a penalty for a violation of §2113(a) "bank robbery" if : the statute[§2113(a)] is broader than the federal generic definition ; cf robbery, incompasing conduct outside the federal definition if © . : robbery, includés:taking of property as defined "larceny" ? . ; _ : IIt. When a statute is clearly not a crime of violence under the force clause of §924(c) is it Unconstitutional to sentence a defendant under §924¢c)(3)(B)48 residuai’éhause.? Is a court required to give a jury instructions of "advanceknowledge" of:a.firearm being used and the government is required to “prove a defendant had "advanced knowledge" before a jury can convict a defendant of aiding abetting in violation of 18 U.S.C. §*2 ? oe

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 to respond filed.
2019-11-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2019)
2019-09-25
Application (19A340) granted by Justice Kagan extending the time to file until November 16, 2019.
2019-09-17
Application (19A340) to extend the time to file a petition for a writ of certiorari from October 17, 2019 to November 16, 2019, submitted to Justice Kagan.

Attorneys

Shondor J. Arceneaux
Shondor Janell Arceneaux — Petitioner
Shondor Janell Arceneaux — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent