No. 20-5658

Martin Racioppi v. United States

Lower Court: Third Circuit
Docketed: 2020-09-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: categorical-approach criminal-law criminal-procedure divisibility divisible-statute mathis-standard mathis-v-united-states robbery-statute state-law-interpretation statutory-interpretation third-circuit
Key Terms:
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Latest Conference: 2020-10-09
Question Presented (AI Summary)

Whether the Third Circuit's approach to determining that New Jersey's second-degree robbery statute is divisible is contrary to Mathis v. United States

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether the Third Circuit’s approach, in United States v. McCants, 952 F.3d 416 (3d Cir. 2020), to determining that New Jersey’s seconddegree robbery statute is divisible, is contrary to Mathis v. United States when it ignores state law sources and relies on the layout of the statute and the fact that different subsections require different proof? i

Docket Entries

2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-17
Waiver of right of respondent United States to respond filed.
2020-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2020)

Attorneys

Martin Racioppi
Julie A McGrainFederal Public Defender's Office, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent