No. 20-5278

Melvin Whitehead v. United States

Lower Court: Ninth Circuit
Docketed: 2020-08-05
Status: Denied
Type: IFP
IFP
Tags: crime-of-violence federal-court federal-recidivism-enhancement federal-sentencing-guidelines intentional-conduct mens-rea negligence negligence-standard recidivism-enhancement state-offense
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Whether the definition of a crime of violence under federal recidivism enhancement provisions requires more than negligence with respect to harm to another

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1) Where the definition of a crime of violence under federal recidivism enhancement provisions, such as U.S.S.G. § 4B1.2(a)(1), include the limiting language “against the person of another,” is that language mere surplusage or must a defendant be more than negligent with respect to whether his intentional conduct could harm another? 2) Whether, when determining whether a state offense qualifies as a crime of violence, a federal court is bound by the decision of the state’s highest court to label a mens rea as something greater than negligence when this Court has unequivocally established that the same mens rea under federal law constitutes mere negligence? i

Docket Entries

2021-01-11
Petition DENIED.
2020-12-17
DISTRIBUTED for Conference of 1/8/2021.
2020-12-14
Reply of petitioner Melvin Whitehead submitted.
2020-11-06
Motion to delay distribution of the petition for a writ certiorari until December 17, 2020 granted.
2020-11-05
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from November 12, 2020 to December 17, 2020, submitted to The Clerk.
2020-10-28
Brief of respondent United States of America in opposition filed.
2020-09-24
Motion to extend the time to file a response is granted and the time is further extended to and including November 4, 2020.
2020-09-22
Motion to extend the time to file a response from October 5, 2020 to November 4, 2020, submitted to The Clerk.
2020-08-31
Motion to extend the time to file a response is granted and the time is extended to and including October 5, 2020.
2020-08-28
Motion to extend the time to file a response from September 4, 2020 to October 5, 2020, submitted to The Clerk.
2020-07-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 4, 2020)

Attorneys

United States of America
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent