No. 19-8741

Kelly David Ankeny, Sr. v. United States

Lower Court: Ninth Circuit
Docketed: 2020-06-18
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: armed-career-criminal-act criminal-sentencing dangerous-weapon force-requirement oregon-robbery physical-force second-degree statutory-interpretation violent-felony
Key Terms:
HabeasCorpus
Latest Conference: 2020-11-20 (distributed 2 times)
Question Presented (AI Summary)

Whether Oregon Robbery in the Second Degree (Or. Rev. Stat. § 164.405(1)(a)) is a violent felony under the Armed Career Criminal Act

Question Presented (OCR Extract)

QUESTION PRESENTED Whether Oregon Robbery in the Second Degree (Or. Rev. Stat. § 164.405(1)(a)) is a violent felony under the Armed Career Criminal Act when the statute’s basic force requirement has been deemed nonviolent and the aggravated form of the offense is satisfied by the defendant “represent[ing] by words or conduct that [he or she] is armed with what purports to be a dangerous or deadly weapon,” but does not require the intentional use, attempted use, or threatened use of physical force against the person of another.

Docket Entries

2020-11-23
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2020-11-05
DISTRIBUTED for Conference of 11/20/2020.
2020-10-16
Brief of respondent United States of America in opposition filed.
2020-09-03
Motion to extend the time to file a response is granted and the time is further extended to and including October 21, 2020.
2020-09-02
Motion to extend the time to file a response from September 21, 2020 to October 21, 2020, submitted to The Clerk.
2020-08-20
Motion to extend the time to file a response from August 21, 2020 to September 21, 2020, submitted to The Clerk.
2020-08-20
Motion to extend the time to file a response is granted and the time is extended to and including September 21, 2020.
2020-07-22
Response Requested. (Due August 21, 2020)
2020-07-02
DISTRIBUTED for Conference of 9/29/2020.
2020-06-23
Waiver of right of respondent United States of America to respond filed.
2020-06-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 20, 2020)

Attorneys

Kelly David Ankeny, Sr.
Elizabeth Gillingham DailyOregon Federal Public Defender, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent