No. 19-6707

Ricky Lee Tyndall v. United States

Lower Court: Fourth Circuit
Docketed: 2019-11-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: crime-of-violence criminal-law due-process element-of-force federal-criminal-law force-clause hobbs-act physical-force property-damage property-rights sentencing-enhancement statutory-interpretation vagueness
Key Terms:
DueProcess FifthAmendment HabeasCorpus Privacy
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Whether 18 U.S.C. § 924(c)(3)(A)'s force clause is unconstitutionally vague due to the inclusion of 'physical force against property' as a basis for a 'crime of violence'

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ; 18 U.S.C. § 924(c)(3)(A)'s FORCE CLAUSE requires the use of “physical force" (i.e: “violence force” meaning “force capable of causing PHYSICAL PAIN or injury" as clearly defined by this Court in Johnson and reiterated ” . in Dimaya) against the person OR PROPERTY of another. How is any court meant — : : to determine what constitutes enough "physical force against property" to . equate to what might result in “physical pain or injury to a person,” since : : property cannot itself ‘sustain an injury causing “pain... Could. § 924(c)(3)(A) : also be “unconstitutionally vague” due to. the included [use of physical force against “property,"] a term that was NOT used in any of. the other definitions . provided for a “crime of violence” under 18 U.S.C. § 924(e)(B)(2), 18 U.S.C. § 16, USSG § 4B1.2, or USSG.§ 2L1.2... :

Docket Entries

2020-01-13
Petition DENIED.
2019-12-05
DISTRIBUTED for Conference of 1/10/2020.
2019-12-02
Waiver of right of respondent United States to respond filed.
2019-11-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 23, 2019)

Attorneys

Ricky Tyndall
Ricky Lee Tyndall — Petitioner
Ricky Lee Tyndall — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent