No. 20-5640

Michael Wayne Northcutt v. United States

Lower Court: Ninth Circuit
Docketed: 2020-09-10
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (3)IFP
Tags: circuit-split criminal-law due-process intentional-conduct mens-rea predicate-offense sentencing sentencing-enhancement statutory-interpretation
Key Terms:
Takings HabeasCorpus
Latest Conference: 2021-06-17 (distributed 3 times)
Question Presented (AI Summary)

Whether the Ninth Circuit erred in treating the limiting language 'against the person of another' in 18 U.S.C. § 924(c)(3)(A) as mere surplusage

Question Presented (OCR Extract)

QUESTION PRESENTED Where the circuit courts agree that a conviction under 18 U.S.C. § 2113(a) will be sustained even if the defendant was not aware that his conduct would be perceived as intimidating by anyone, is the Ninth Circuit correct to treat the limiting language “against the person of another” in 18 U.S.C. § 924(c)(3)(A) as mere surplusage, or must a conviction necessarily establish that a defendant was more than negligent as to whether his intentional conduct could harm another before said conviction can serve as predicate offense for the substantial sentencing enhancements under § 924(c)(1) ? i

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2020-11-18
DISTRIBUTED for Conference of 12/4/2020.
2020-11-14
Reply of petitioner Michael Wayne Northcutt filed. (Distributed)
2020-10-30
Brief of respondent United States in opposition filed.
2020-09-30
Response Requested. (Due October 30, 2020)
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-17
Waiver of right of respondent United States to respond filed.
2020-09-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2020)

Attorneys

Michael Wayne Northcutt
Peggy SassoOffice of the Federal Defender, Petitioner
Peggy SassoOffice of the Federal Defender, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent