No. 19-7661

Redinel Dervishaj, aka Redi, aka Red v. United States

Lower Court: Second Circuit
Docketed: 2020-02-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 924(c)(3)(A) appellate-review crime-of-violence extortion federal-criminal-law force-clause hobbs-act physical-threat second-circuit title-18 title-18-924(c)(3)(a)
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2020-03-20
Question Presented (AI Summary)

Whether the Second Circuit Court of Appeals erred in determining that the underlying offense of Hobbs Act extortion, threatening physical violence in furtherance of a plan to extort, categorically qualifies as a crime of violence under the force clause of Title 18 § 924(c)(3)(A)

Question Presented (OCR Extract)

QUESTION(S) PRESENTED . I. May The Seéond Circuit Court: Of Appeals Detérmine. That The’ Underlying Offense ‘Of Hobbs Act ‘Extortion; Threatening Physical Violence In FurtheranceiOf A Plan-To ; Extort, Categorically Qualify. As A’ Crime Of Violence ;Undet. The Force Clause Of Title 18 § 924(c)(3)(A)? os . : II. ' May The Second Circuit Court Of Appeals Hold That Petitioner's Preserved Issue oe Was Waived Although It Was Not Objected To At Trial But Was Preserved During . Sentencing And, If It Was Not Forfeited, Did The Court Of Appeals Err In Not Eyeseiaha It under The Plain Error Standard of Federal Rules Of Criminal Procedure 52(b)? III. May The Second Circuit Court:0f Appeals Flatly Disregard A Meritorious Claim Of ; . Subordination: Of Perjury By Government Witnesses Throughly Supported By ~ Competent Evidence? ‘ Iv. May The Second Circuit Court Of Appeals Ignore The Strictures Regarding Federal Agents Executing A.Daytime Seizure And Search Warrant In The Nighttime? V. May The Second Circuit Court of Appeals Permit The Government To use Highly : Prejudicial Evidence, With No Probative Value, “That Was Wholly Irrelevant And . Unrelated To The Case? : 7 . . VI. May The Second Circuit Court Of Appeals Find Brady Violation Claims To Be Without Merit Without Addressing The Claims? . _ WII. May The Second Circuit Court Of Appeals Permit Petitioner To Be Tried For A Firearms Related Offenses When No Firearm Was Involved Nor Presented or Proven At Trial? . : ; ; VIII. May The Second Circuit Court Of Appeals Accept, And Ultimately, Grant An -Untimely Filed Brief Where Tolling Did Not Apply? . ; ; T .

Docket Entries

2020-03-23
Petition DENIED.
2020-03-05
DISTRIBUTED for Conference of 3/20/2020.
2020-03-02
Waiver of right of respondent United States to respond filed.
2020-02-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 20, 2020)

Attorneys

Redinel Dervishaj
Redinel Dervishaj — Petitioner
Redinel Dervishaj — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent