No. 20-6840

Frederick D. Darrington, Jr. v. United States

Lower Court: Eighth Circuit
Docketed: 2021-01-12
Status: Denied
Type: IFP
IFP
Tags: 18-usc-924c criminal-law criminal-statute elements-clause intimidation mens-rea physical-force statutory-interpretation
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2021-05-13
Question Presented (AI Summary)

Whether a crime that requires proof of 'intimidation' of the victim satisfies the elements clause of 18 U.S.C. § 924(c)(8)(A), when the offense does not require a specific intent to use, or threaten to use, physical force against the person of another?

Question Presented (from Petition)

QUESTION PRESENTED In Leocal v. Ashcroft, 543 U.S. 1, 11 (2014), this Court held that the elements clause of 18 U.S.C. §16(a) — which is identical to the 18 U.S.C. § 924(c)(3)(A) elements clause — requires “a higher mens rea than [] merely accidental or negligent conduct.” Id. The question presented is: Whether a crime that requires proof of “intimidation” of the victim satisfies the elements clause of 18 U.S.C. § 924(c)(8)(A), when the offense does not require a specific intent to use, or threaten to use, physical force against the person of another? i

Docket Entries

2021-05-17
Petition DENIED.
2021-04-28
DISTRIBUTED for Conference of 5/13/2021.
2021-04-27
Reply of petitioner Frederick Darrington filed. (Distributed)
2021-04-14
Brief of respondent United States in opposition filed.
2021-03-08
Motion to extend the time to file a response is granted and the time is further extended to and including April 14, 2021.
2021-03-05
Motion to extend the time to file a response from March 15, 2021 to April 14, 2021, submitted to The Clerk.
2021-02-03
Motion to extend the time to file a response is granted and the time is extended to and including March 15, 2021.
2021-02-02
Motion to extend the time to file a response from February 11, 2021 to March 15, 2021, submitted to The Clerk.
2021-01-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 11, 2021)

Attorneys

Frederick Darrington
Dan GoldbergFederal Public Defender, Petitioner
Dan GoldbergFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent