No. 19-6718

James Douglas Pridgen v. United States

Lower Court: Ninth Circuit
Docketed: 2019-11-22
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: bank-robbery carjacking certificate-of-appealability crime-of-violence crimes-of-violence criminal-procedure due-process johnson-ruling johnson-v-united-states ninth-circuit section-924(c) section-924c unanimous-jury
Key Terms:
HabeasCorpus
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Whether the Ninth Circuit wrongly denied the request for a certificate of appealability

Question Presented (OCR Extract)

Questions Presented 1. Whether the Ninth Circuit wrongly denied the request for a certificate of appealability where the Section 924(c) conviction was charged as to two different underlying offenses, where the jury was not called on to unanimously decide which of the two prior offenses the conviction was based on, where one of those two prior offenses is decidedly not a crime of violence after Johnson--and where a number of other courts have granted relief on similar facts. 2. Whether federal bank robbery under 18 U.S.C. § 2113(a), (d) and federal carjacking under 18 U.S.C. § 2119 are crimes of violence under 18 U.S.C. § 924(c)(8)(A), where the offense fails to require any intentional use, attempted use, or threat of violent physical force. 8, Whether the Ninth Circuit wrongly declined to grant a certificate of appealability standard as to the Napue claim, where the government admitted that it presented false hair-sample testimony and where the question of that effect on the trial was at least debatable. i Statement of

Docket Entries

2020-01-13
Petition DENIED.
2019-12-12
DISTRIBUTED for Conference of 1/10/2020.
2019-12-04
Waiver of right of respondent United States 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 23, 2019)

Attorneys

James Douglas Pridgen
Brianna Fuller MircheffOffice of the Federal Public Defender, Petitioner
Brianna Fuller MircheffOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent