No. 19-6793

Quentin Herndon v. United States

Lower Court: Eighth Circuit
Docketed: 2019-12-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: crime-of-violence criminal-law criminal-statute federal-court federal-courts physical-force sentencing-guidelines state-court state-court-interpretation state-courts statutory-interpretation USSG-4B1.2(a)
Key Terms:
SocialSecurity
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Whether a federal court must defer to a state court's interpretation of the elements of a state criminal statute to determine if that offense requires the use of physical force against the person of another for purposes of constituting a crime of violence pursuant to USSG 4B1.2(a)?

Question Presented (from Petition)

QUESTION PRESENTED Whether a federal court must defer to a state court’s interpretation of the elements of a state criminal statute to determine if that offense requires the use of physical force against the person of another for purposes of constituting a crime of violence pursuant to USSG 4B1.2(a)? i

Docket Entries

2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-12-13
Waiver of right of respondent United States to respond filed.
2019-11-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2020)

Attorneys

Quentin Herndon
Stephen Carl MossFederal Public Defender, Petitioner
Stephen Carl MossFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent