James Douglas Pridgen v. United States
HabeasCorpus
Whether the Ninth Circuit wrongly denied the request for a certificate of appealability
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