No. 19-6908

Margarito Olvera-Martinez v. United States

Lower Court: Fifth Circuit
Docketed: 2019-12-11
Status: GVR
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: circuit-split criminal-law due-process federal-sentencing immigration immigration-law reckless-mental-state sentencing statutory-interpretation supreme-court use-of-force
Key Terms:
Immigration Privacy
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (AI Summary)

Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless mental state

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless mental state. (In the alternative, whether this Court should hold this case pending the resolution of Walker v. United States, No. 19-373, 2019 WL 6042320 (U.S. Nov. 15, 2019), and then decide this case accordingly.)! ' The Petitions for a Writ of Certiorari in Gomez Gomez v. United States, No. 19-5325 (cert. petition filed July 25, 2019), and Lara-Garcia v. United States, No.19-5763 (cert. petition filed Aug. 28, 2019), raise the same issue as is raised in this petition. In addition, the Petition for a Writ of Certiorari in Walker v. United States, No. 19-373 (filed Sept. 19, 2019), raises the same issue regarding the same statutory language as is raised here, but in the context of a different statute than the one at issue here. See Walker v. United States, No. 19-373, 2019 WL 6042320 (U.S. Nov. 15, 2019) (granting certiorari). i .

Docket Entries

2021-07-23
JUDGMENT ISSUED.
2021-06-21
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Borden</i> v. <i>United States</i>, 593 U. S. ___ (2021).
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2020-03-26
DISTRIBUTED for Conference of 4/17/2020.
2020-03-11
Memorandum of respondent United States filed.
2020-01-31
Motion to extend the time to file a response from February 10, 2020 to March 11, 2020, submitted to The Clerk.
2020-01-31
Motion to extend the time to file a response is granted and the time is further extended to and including March 11, 2020.
2020-01-02
Motion to extend the time to file a response is granted and the time is extended to and including February 10, 2020.
2019-12-31
Motion to extend the time to file a response from January 10, 2020 to February 10, 2020, submitted to The Clerk.
2019-12-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 10, 2020)

Attorneys

Margarito Olvera-Martinez
Kathryn ShephardFederal Public Defender, Petitioner
Kathryn ShephardFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent