No. 19-7732

Jerad Hanks v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-02-21
Status: Denied
Type: IFP
Response WaivedRelisted (4)IFP
Tags: bank-robbery circuit-court-conflict circuit-court-split constitutional-interpretation crime-of-violence criminal-law criminal-statute due-process elements-clause federal-bank-robbery federal-statutes firearm-use rule-of-lenity use-of-force vagueness-doctrine
Key Terms:
DueProcess Immigration
Latest Conference: 2020-06-11 (distributed 4 times)
Question Presented (AI Summary)

Whether 18 U.S.C. § 924(c)(1) is unconstitutionally vague

Question Presented (OCR Extract)

QUESTION PRESENTED I. Whether 18 U.S.C. § 924(c)(1), which criminalizes the use of a firearm during a “crime of violence,” in this case, the federal bank robbery statute, 18 U.S.C. § 2113, which may be committed by unintentionally intimidating a victim through verbal demands or the passing of a demand note rather than the use or threatened use of physical force, and the definition of the term “crime of violence” cabined in 18 U.S.C. § 924(c)(3)(A)(The Use of Force” or “Elements Clause”) is unconstitutionally vague, on its face, and unconstitutionally vague under the rule of lenity? II. Whether there is currently a conflict among the circuit courts of appeals and an ambiguity in the law regarding the federal statutory definition of the term “crime of violence”, and a conflict between the holdings of some circuits, specifically the Eleventh Circuit, and this Court’s previous holdings regarding the constitutional viability of the current definition of the term “crime of violence” in § 924(c) and related federal statutes? li

Docket Entries

2020-06-15
Rehearing DENIED.
2020-06-08
DISTRIBUTED for Conference of 6/11/2020.
2020-06-01
DISTRIBUTED for Conference of 6/4/2020.
2020-05-12
DISTRIBUTED for Conference of 5/28/2020.
2020-04-07
2020-03-30
Petition DENIED.
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2020-03-06
Waiver of right of respondent United States to respond filed.
2020-02-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 23, 2020)

Attorneys

Jerad Hanks
Hermes Manuel HernandezH. Manuel Hernandez, P.A., Petitioner
Hermes Manuel HernandezH. Manuel Hernandez, P.A., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent