No. 19-6800

Rodney Dewayne Mitchell v. United States

Lower Court: Fifth Circuit
Docketed: 2019-12-03
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: almendarez-torres almendarez-torres-v-united-states armed-career-criminal-act jury-determination maximum-punishment prior-conviction sentencing-enhancement standing texas-criminal-law violent-felony
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-04-03
Question Presented (AI Summary)

whether-the-texas-offense-of-aggravated-robbery-is-a-violent-felony-under-the-armed-career-criminal-act

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether the Texas offense of aggravated robbery is a “violent felony” under the Armed Career Criminal Act, 18 U.S.C. §924(e)? Subsidiary question: Whether the instant Petition should be held pending Walker v. United States, No. 19-373, U.S.__, S.Ct. , 2019 WL 6042320 (Nov. 15, 2019)(granting cert.), and/or Burris v. United States, No. 19-6186 (cert. filed October 7, 2019)? 2. Whether the fact of a prior conviction must be proven to a jury beyond a reasonable doubt and placed in the indictment if it elevates the defendant’s maximum punishment? Subsidiary question: Whether the instant Petition should be held pending any forthcoming case addressing the viability of Almendarez-Torres v. United States, 523 U.S. 334 (1998)? ii PARTIES Rdoney Dewayne Mitchell is the Petitioner, who was the defendant-appellant below. The United States of America is the Respondent, who was the plaintiff-appellee below. ili

Docket Entries

2020-04-06
Petition DENIED.
2020-03-19
DISTRIBUTED for Conference of 4/3/2020.
2020-03-11
Reply of petitioner Rodney Dewayne Mitchell filed.
2020-03-04
Brief of respondent United States in opposition filed.
2020-01-24
Motion to extend the time to file a response is granted and the time is further extended to and including March 4, 2020.
2020-01-23
Motion to extend the time to file a response from February 3, 2020 to March 4, 2020, submitted to The Clerk.
2019-12-27
Motion to extend the time to file a response is granted and the time is extended to and including February 3, 2020.
2019-12-26
Motion to extend the time to file a response from January 2, 2020 to February 3, 2020, submitted to The Clerk.
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

Rodney Dewayne Mitchell
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent