No. 19-7764

Michael Tyrone Simpson v. United States

Lower Court: Ninth Circuit
Docketed: 2020-02-25
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (4)IFP Experienced Counsel
Tags: 18-usc-924(c) bank-robbery carter-v-united-states crime-of-violence criminal-intent federal-bank-robbery force-clause general-intent-crime sentencing-guidelines statutory-interpretation void-for-vagueness
Key Terms:
HabeasCorpus
Latest Conference: 2021-06-17 (distributed 4 times)
Question Presented (AI Summary)

Is federal bank robbery a crime of violence under the force clause of 18 U.S.C. § 924(c)

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is federal bank robbery 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 crime, and given decades of circuit precedent holding that intimidation under the statute does not require purposeful, violent conduct? 2. Is the residual clause of the mandatory Sentencing Guidelines at U.S.S.G. § 4B1.2(a)(2) void for vagueness? prefix

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2020-08-13
DISTRIBUTED for Conference of 9/29/2020.
2020-08-11
Reply of petitioner Michael Simpson filed. (Distributed)
2020-07-29
Brief of respondent United States of America in opposition filed.
2020-06-23
Motion to extend the time to file a response is granted and the time is extended to and including July 29, 2020.
2020-06-22
Motion to extend the time to file a response from July 1, 2020 to July 29, 2020, submitted to The Clerk.
2020-06-01
Response Requested. (Due July 1, 2020)
2020-05-13
DISTRIBUTED for Conference of 5/28/2020.
2020-04-13
Rescheduled.
2020-04-02
DISTRIBUTED for Conference of 4/17/2020.
2020-03-24
Waiver of right of respondent United States of America to respond filed.
2020-02-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 26, 2020)

Attorneys

Michael Simpson
Kara Lee HartzlerFederal Defenders of San Diego, Inc., Petitioner
Kara Lee HartzlerFederal Defenders of San Diego, Inc., Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent