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
Key Terms:
HabeasCorpus
Latest Conference: 2021-06-17 (distributed 2 times)
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)

Question Presented (OCR Extract)

QUESTIONS PRESENTED ON REVIEW 1. 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 under'the statute is judged by the reasonable reaction of the | listener rather than by the defendant's intent? | | 2. 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)? A. Federal Bank Robbery is not a Crime of Violence under 18 U.S.C. §924(c)(3)(A) because, as authoritatively interpreted by this Court and the Circuits for decades, "Intimidation" does not require the use or threatened a use of violent force (1) The Force Clause requires a purposeful threat of Physical Force, where as Bank Robbery by intimidation is a general intent crime that does not require any intent to intimidate (2) The Force Clause requires a threatened use of Violent Physical Force, where Bank Robbery by intimidation does not require that a defendant communicate any: intent to use violence . i ; batt (3) The correct interpretation of "Intimidation" under 18 U.S.C. §2113(a) is an exceptionally important question because of its broad impact on standards for conviction and sentencing... . : B. Bank Robbery under 18 U.S.C. §2113(a) constitutes a divisible statute to challenge the "Crime Of Violence" under the Element Clause of 18 U.S.c.' §924(c) | © : ii

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