No. 20-6143

Saul Mangual-Corchado v. United States

Lower Court: First Circuit
Docketed: 2020-10-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: carjacking-statute civil-rights crime-of-violence criminal-law due-process force-clause johnson-standard residual-clause sentencing statutory-interpretation vagueness vagueness-doctrine
Latest Conference: 2020-12-04
Question Presented (from Petition)

THE COURT SHOULD ISSUE A W.O.C. AND ADDRESS WHETHER THE FEDERAL CARJACKING OFFENSE DOES CONSTITUTE A "CRIME OF VIOLENCE" WITHIN THE MEANING OF 18 U.S.C. § 924(c).

II. REASONABLE JURIST ARE DIVIDED ON WHETHER THE ELEMENT OF "BY FORCE AND VIOLENCE AND INTIMI DATION" DOES MEET THE"JOHNSON I" VIOLENT AND FORCE THRESHOLD. HOLDING THE DAVIS RULING...

C. REASONABLE JURIST COULD FIND DEBATABLE THE ISSUE WHETHER CARJACKING'S INTIMIDATIONS ELEMENT REQUIRES A VOLITIONAL THREAT OF A VIOLENT FORCE.

D. REASONABLE JURIST RECONIZES THE DEBATABILITY OF, IF WHETHER CARJACKING SATISFIES THAT OF THE FORCE CLAUSE AS HODLING UNDER DAVIS.

E. THE QUESTIONG WHETHER SECTION 924(c) (3)(B)'s "RESIDUAL CLAUSE" IS VOID FOR VAGUENESS AND SATISFIES THE "SUBSTANTIAL SHOWING" STANDARD

Question Presented (AI Summary)

Whether the federal carjacking offense constitutes a 'crime of violence' under 18 U.S.C. § 924(c)

Docket Entries

2020-12-07
Petition DENIED.
2020-11-12
DISTRIBUTED for Conference of 12/4/2020.
2020-11-04
Waiver of right of respondent United States to respond filed.
2020-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 27, 2020)

Attorneys

Saul Mangual-Corchado
Saul Mangual-Corchado — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent