No. 20-5016

Ashton Charles Butler v. United States

Lower Court: Fifth Circuit
Docketed: 2020-07-10
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: bank-robbery criminal-law divisible-offense double-jeopardy federal-sentencing sentencing statutory-interpretation uniform-administration-of-justice united-states-code
Latest Conference: 2020-09-29
Question Presented (from Petition)

In Prince v. United States, 352 U.S. 322 (1957), this Court
construed the first and second paragraphs of 18 U.S.C.
§ 2113(a)—bank robbery and entry into a bank with intent to
commit a crime—as a single offense punishable by twenty years
in prison. The Fifth Circuit nonetheless held that the two
paragraphs define separate and divisible crimes.

Does 18 U.S.C. § 2113(a) define a single offense or two
separate and divisible offenses?

Question Presented (AI Summary)

Does 18 U.S.C. § 2113(a) define a single offense or two separate and divisible offenses?

Docket Entries

2020-10-05
Petition DENIED.
2020-08-26
Waiver of right of respondent United States of America to respond filed.
2020-07-23
DISTRIBUTED for Conference of 9/29/2020.
2020-07-20
Waiver of right of respondent United States of America to respond filed.
2020-07-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 10, 2020)

Attorneys

Ashton Charles Butler
James Matthew WrightOffice of the Federal Public Defender, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent