No. 20-5809

Albert Martinez v. United States

Lower Court: Tenth Circuit
Docketed: 2020-09-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act burglary-statute criminal-sentencing force reasonable-fear robbery robbery-force statutory-interpretation stokeling stokeling-definition
Key Terms:
AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2020-10-30
Question Presented (AI Summary)

Whether the definition of force adopted in Stokeling for robbery eschews a requirement that any fear produced by a threat of force be reasonable?

Question Presented (OCR Extract)

Questions Presented 1. Whether the definition of force adopted in Stokeling for robbery eschews a requirement that any fear produced by a threat of force be reasonable? 2. Whether a court may cherry-pick facts to establish a threshold level of force sufficient for Armed Career Criminal Act (ACCA) purposes and evade examining the elements of the statute? 3. Whether a conviction for residential burglary under New Mexico law which allows for a conviction where as long as someone uses a non-residential structure (including cars) as a dwelling, falls within the generic crime of burglary in the Armed Career Criminal Act (ACCA)? i

Docket Entries

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-08
DISTRIBUTED for Conference of 10/30/2020.
2020-09-30
Waiver of right of respondent United States of America to respond filed.
2020-09-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 26, 2020)

Attorneys

Albert Martinez
Alonzo Jose PadillaFederal Public Defender, District of New Mexico, Petitioner
Alonzo Jose PadillaFederal Public Defender, District of New Mexico, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent