No. 19-7067

Michael Baird Jordan v. United States

Lower Court: Ninth Circuit
Docketed: 2019-12-27
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (3)IFP
Tags: 18-usc-924(c)(3)(a) armed-bank-robbery bank-robbery categorical-approach crime-of-violence elements-clause general-intent intent intimidation physical-force specific-intent statutory-interpretation use-of-force
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2021-06-17 (distributed 3 times)
Question Presented (AI Summary)

Whether federal armed bank robbery by intimidation is a crime of violence under the elements clause of 18 U.S.C. § 924(c)(3)(A)

Question Presented (OCR Extract)

QUESTION PRESENTED ON REVIEW Given this Court’s holding in Carter v. United States, 530 U.S. 255, 268 (2000), that federal armed bank robbery under 18 U.S.C. § 2113(a) and (d) is a general intent rather than a specific intent crime, and given decades of circuit precedent holding that intimidation under the statute is judged by the reasonable reaction of the listener rather than by the defendant’s intent, could reasonable jurists conclude that federal armed bank robbery by intimidation is not a crime of violence under the elements clause of 18 U.S.C. § 924(c)(3)(A) because the offense fails to require the intentional, or even reckless, use, attempted use, or threatened use of violent physical force? i

Docket Entries

2021-06-21
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2020-05-13
DISTRIBUTED for Conference of 5/28/2020.
2020-05-08
Reply of petitioner Michael Baird Jordan filed. (Distributed)
2020-04-24
Brief of respondent United States of America in opposition filed.
2020-04-10
Motion to extend the time to file a response is granted and the time is further extended to and including April 24, 2020.
2020-04-09
Motion to extend the time to file a response from April 22, 2020 to April 24, 2020, submitted to The Clerk.
2020-03-17
Motion to extend the time to file a response from March 23, 2020 to April 22, 2020, submitted to The Clerk.
2020-03-17
Motion to extend the time to file a response is granted and the time is further extended to and including April 22, 2020.
2020-02-13
Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2020.
2020-02-12
Motion to extend the time to file a response from February 21, 2020 to March 23, 2020, submitted to The Clerk.
2020-01-22
Response Requested. (Due February 21, 2020)
2020-01-09
DISTRIBUTED for Conference of 1/24/2020.
2020-01-07
Waiver of right of respondent United States of America to respond filed.
2019-12-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 27, 2020)

Attorneys

Michael Baird Jordan
Elizabeth Gillingham DailyOregon Federal Public Defender, Petitioner
Elizabeth Gillingham DailyOregon Federal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent