No. 20-6773

Artavius Dontrell Smith v. United States

Lower Court: Fifth Circuit
Docketed: 2021-01-05
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: armed-career-criminal-act burglary circuit-split fair-warning reckless-causation serious-bodily-injury texas-penal-code texas-robbery theft violent-felony
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2021-04-16
Question Presented (AI Summary)

Is Texas aggravated robbery a violent felony under the Armed Career Criminal Act?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is Texas aggravated robbery—which can be committed by recklessly causing serious bodily injury to another person during the course of a theft—a violent felony under the Armed Career Criminal Act, 18 U.S.C. § 924(e)? 2. Texas—like a small handful of other states—has expanded its definition of burglary to include the commission of any felony while trespassing, without requiring proof that the trespasser formed specific intent to commit that other crime. Is this a generic “burglary” offense for purposes of the ACCA? 3. To affirm Petitioner’s ACCA sentence, the Fifth Circuit relied upon two significant shifts in its own interpretation of that statute after he committed the instant offense. Did 18 U.S.C. § 924(e) provide fair warning to Petitioner? i

Docket Entries

2021-04-19
Petition DENIED.
2021-03-25
DISTRIBUTED for Conference of 4/16/2021.
2021-03-08
Memorandum of respondent United States filed.
2021-01-29
Motion to extend the time to file a response is granted and the time is extended to and including March 8, 2021.
2021-01-28
Motion to extend the time to file a response from February 4, 2021 to March 8, 2021, submitted to The Clerk.
2020-12-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 4, 2021)

Attorneys

Artavius Dontrell Smith
James Matthew WrightOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent