No. 19-7569

Stanley Noel Ames v. United States

Lower Court: Ninth Circuit
Docketed: 2020-02-05
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (3)IFP
Tags: 18-usc-924(c) 18-usc-924c bank-robbery carter-v-united-states crime-of-violence criminal-law-procedure federal-bank-robbery force-clause general-intent intent sentencing-standard specific-intent
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2021-06-17 (distributed 3 times)
Question Presented (AI Summary)

Did the Ninth Circuit err in holding that federal bank robbery is a crime of violence under the force clause of 18 U.S.C. § 924(c)

Question Presented (OCR Extract)

QUESTIONS PRESENTED ON REVIEW he Did the Ninth Circuit err in holding that federal bank robbery is a crime of violence under the force clause of 18 U.S.C. § 924(c), in light of this Court’s holding in Carter v. United States, 530 U.S. 255, 268 (2000), that the offense 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? 2. Is this Court’s opinion in Dean v. United States, 137 S. Ct. 1170 (2017), a substantive rule that applies retroactively on collateral review because Dean articulated a mandatory sentencing standard when it held that the substantive requirement of reasonableness under 18 U.S.C. § 3553(a) and 18 U.S.C. § 3584(b) applies to aggregate sentences regardless of the consecutive sentencing mandate in 18 U.S.C. § 924(c). i

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2020-06-18
DISTRIBUTED for Conference of 9/29/2020.
2020-06-17
Reply of petitioners Stanley Noel Ames, et al. filed. (Distributed)
2020-06-03
Brief of respondent United States in opposition filed.
2020-05-18
Motion to extend the time to file a response is granted and the time is further extended to and including June 5, 2020.
2020-05-15
Motion to extend the time to file a response from June 1, 2020 to June 5, 2020, submitted to The Clerk.
2020-04-13
Motion to extend the time to file a response is granted and the time is further extended to and including June 1, 2020.
2020-04-10
Motion to extend the time to file a response from May 1, 2020 to June 1, 2020, submitted to The Clerk.
2020-03-26
Motion to extend the time to file a response is granted and the time is extended to and including May 1, 2020.
2020-03-25
Motion to extend the time to file a response from April 1, 2020 to May 1, 2020, submitted to The Clerk.
2020-03-02
Response Requested. (Due April 1, 2020)
2020-02-20
DISTRIBUTED for Conference of 3/6/2020.
2020-02-13
Waiver of right of respondent United States to respond filed.
2020-01-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 6, 2020)

Attorneys

Stanley Noel Ames, et al.
Elizabeth Gillingham DailyOregon Federal Public Defender, Petitioner
Elizabeth Gillingham DailyOregon Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent