No. 20-7020

Richie Wheeler v. United States

Lower Court: Third Circuit
Docketed: 2021-02-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bodily-injury criminal-law criminal-statute deadly-weapon intent jury-finding law-enforcement reckless-driving sentencing sentencing-guidelines
Key Terms:
DueProcess
Latest Conference: 2021-03-19
Question Presented (AI Summary)

Whether intent to cause bodily injury is required for 18 U.S.C. §111(b) violation

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether to be guilty of a violation of 18 U.S.C. §111(b), which requires the use of a deadly weapon while forcibly assaulting, resisting, opposing, impeding, intimidating or interfering a law enforcement officer, is an intent to cause bodily injury by one attempting to elude arrest by recklessly driving a vehicle a required element of the offense. 2. If no intent to cause bodily injury is required to constitute use of a deadly weapon, without a finding of fact by a jury or an admission by a defendant during a guilty plea, can a Court find as a fact that defendant’s reckless actions in attempting to elude arrest were capable of causing serious bodily injury or death of another person in the absence of a highspeed chase or any bodily injury suffered by anyone. 3. In a case of a violation of 18 U.S.C. §111(b), in the absence of a finding by a jury or an admission by a defendant as part of a guilty plea of an admission of an intent to commit bodily injury, can a sentencing judge find Sentencing Guideline §2A2.2 not §2A2.4 applies. i PARTIES TO PROCEEDING The

Docket Entries

2021-03-22
Petition DENIED.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-02-18
Waiver of right of respondent United States of America to respond filed.
2021-01-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 5, 2021)

Attorneys

Richie Wheeler
Roy B. GreenmanBudin, Greenman & Greenman, Petitioner
Roy B. GreenmanBudin, Greenman & Greenman, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent