No. 20-7081

Nijul Quadir Alexander v. United States

Lower Court: Third Circuit
Docketed: 2021-02-08
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: 18-usc-924c bank-robbery crime-of-violence element-clause general-intent intimidation sentencing-enhancement
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (from Petition)

Did the Third Circuit err in holding that "Federal Bank Robbery is a Crime of Violence under the Element Clause of 18 U-S.C. §924(c )(3)( A) of this Court's holding in United States v. Johnson/ 899 F.3d 191/ 203-04 (3rd Cir.)/ Cert, denied 139 S. Ct. 647 (2018); United States v. Wilson/ 880 F.3d 80/ 88 (3rd Cir.)/ Cert, denied 138 S. Ct. 2586/ in light of this Court's holding in Carter v. United States/ 530 U.S.!255, 268 (2000), that the offense is a general intent rather than a specific intent crime, and given decades of Circuit precedent holding htat intimidation i underthe statute is judged by the reasonable reaction of the listener rather than by the defendant's intent?

Is Bank Robbery under 18 U-S.C- §2113(a) a divisible statute under the Element Clause of 18 U-S.C. §924(c) according to United States v. Butler, No. 19-10065, F. 3d (5th Cir. 2020)?

Question Presented (AI Summary)

Did the Third Circuit err in holding that Federal Bank Robbery is a Crime of Violence under the Element Clause of 18 U.S.C. §924(c)(3)(A)

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2021-04-28
DISTRIBUTED for Conference of 5/13/2021.
2021-04-09
Memorandum of respondent United States filed.
2021-03-03
Motion to extend the time to file a response is granted and the time is extended to and including April 9, 2021.
2021-03-02
Motion to extend the time to file a response from March 10, 2021 to April 9, 2021, submitted to The Clerk.
2020-07-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 10, 2021)

Attorneys

Nijul Quadir Alexander
Nijul Quadir Alexander — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent