No. 20-7126

Dominic Anthony Davis, et al. v. United States

Lower Court: Ninth Circuit
Docketed: 2021-02-11
Status: Denied
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: 18-usc-924c aiding-and-abetting armed-bank-robbery circuit-split fact-based-harmless-error-review harmless-error jury-verdict modified-categorical-approach predicate-offense section-924c shepard-documents
Key Terms:
FifthAmendment HabeasCorpus
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (AI Summary)

Where an 18 U.S.C. § 924(c) conviction rests on more than one possible predicate offense, the Shepard documents must conclusively establish that a jury unanimously based its § 924(c) conviction on one constitutionally qualifying predicate offense

Question Presented (from Petition)

question presented is whether courts must apply the modified categorical approach of Taylor v. United States, 495 U.S. 575 (1990) and Shepard v. United States, 544 U.S. 13, 16 (2005), rather than the fact-based harmless-error review of Hedgpeth v. Pulido, 555 U.S. 57 (2008), to determine the legality of the § 924(c) conviction where a jury’s general verdict does not identify the predicate offense. I. Petitioners also ask this Court to address whether aiding and abetting armed bank robbery and substantive armed bank robbery are qualifying crimes of violence under § 924(c)’s force clause. ii

Docket Entries

2021-06-21
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2021-04-28
DISTRIBUTED for Conference of 5/13/2021.
2021-04-14
Memorandum of respondent United States filed.
2021-03-10
Motion to extend the time to file a response is granted and the time is extended to and including April 14, 2021.
2021-03-09
Motion to extend the time to file a response from March 15, 2021 to April 14, 2021, submitted to The Clerk.
2021-01-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 15, 2021)

Attorneys

Dominic Davis
Wendi L. OvermyerOffice of the Federal Public Defender, Petitioner
Wendi L. OvermyerOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent