No. 19-6878

Robert L. Bolden Sr. v. United States

Lower Court: Eighth Circuit
Docketed: 2019-12-06
Status: Denied
Type: IFP
IFP
Tags: 18-usc-924(c)(3)(a) 18-usc-924c3a certificate-of-appealability crime-of-violence criminal-intent elements-clause inchoate-offense mens-rea substantial-step
Key Terms:
HabeasCorpus
Latest Conference: 2020-03-06
Question Presented (AI Summary)

Whether an inchoate offense qualifies as a crime of violence under the elements clause

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW 1. Whether an inchoate offense, whose non-inchoate form would constitute a crime of violence under the elements clause of 18 U.S.C. §924(c)(3)(A), automatically also qualifies as a crime of violence under the elements clause, without need to analyze the minimum elements, proof, or mens rea necessary to sustain conviction for the inchoate offense. 2. Whether an inchoate offense, which requires proof only of general criminal intent and a substantial—but not necessarily violent—step toward commission, qualifies as a crime of violence under the elements clause of 18 U.S.C. §924(c)(3)(A). 3. Whether attempted bank robbery, which under Eighth Circuit precedent requires proof only of general criminal intent and a substantial—but not necessarily violent—step toward commission, qualifies as a crime of violence under the elements clause of 18 U.S.C. §924(c)(3)(A). 4. Whether the Eighth Circuit erred in denying a certificate of appealability on the denial of Petitioner’s claim challenging the constitutionality of his §924(c) conviction, particularly after this Court’s decision in United States v. Davis, 588 U.S. __, 139 S.Ct. 2319 (June 24, 2019). ii

Docket Entries

2020-03-09
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2020-02-20
DISTRIBUTED for Conference of 3/6/2020.
2020-02-19
Reply of petitioner Robert Bolden filed. (Distributed)
2020-02-05
Brief of respondent United States in opposition filed.
2020-01-02
Motion to extend the time to file a response is granted and the time is extended to and including February 5, 2020.
2019-12-31
Motion to extend the time to file a response from January 6, 2020 to February 5, 2020, submitted to The Clerk.
2019-12-04
Petition for a writ of certiorari before judgment and motion for leave to proceed in forma pauperis filed. (Response due January 6, 2020)

Attorneys

Robert Bolden
Jennifer A. MerriganPhillips Black Project, Petitioner
Jennifer A. MerriganPhillips Black Project, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent