No. 20-7213

Nathan Ray Dent v. United States

Lower Court: Ninth Circuit
Docketed: 2021-02-23
Status: Denied
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: armed-bank-robbery armed-robbery circuit-split crime-of-violence criminal-procedure due-process federal-sentencing habeas-corpus predicate-offense statutory-interpretation united-states-v-davis
Key Terms:
HabeasCorpus
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (AI Summary)

Whether an 18 U.S.C. § 924(c) conviction resting on more than one possible predicate offense is unconstitutional where at least one predicate does not qualify as a crime of violence

Question Presented (OCR Extract)

question presented is whether an 18 U.S.C. § 924(c) conviction resting on more than one possible predicate offense is unconstitutional where at least one predicate does not qualify as a crime of violence. Il. Petitioners also ask this Court to address whether, to make federal armed bank robbery “fit” the 18 U.S.C. § 924(c)(3)(A) crime-of-violence physical force clause definition, the Circuits interpret armed bank robbery too narrowly by requiring violent force as an element of 18 U.S.C. § 2113(a). i List of Proceedings United States Court of Appeals (9th Cir.): 1. United States v. Dent, No. 19-17370 (9th Cir. Oct. 2, 2020) (unpublished) (Order denying Petition for Rehearing), App. A. 2. United States v. Morales, No. 19-17369 (9th Cir. Oct. 2 2020) (unpublished) (Order denying Petition for Rehearing), App. B. 3. United States v. Dent, No. 19-17370 (9th Cir. May 15, 2020) (unpublished) (Order denying Certificate of Appealability), App. C. 4. United States v. Morales, No. 19-17369 (9th Cir. May 15, 2020) (unpublished) (Order denying Certificate of Appealability), App. D. United States District Court (D. Nev.): 1. United States v. Dent, No. 2019 WL 4658356 (D. Nev. Sept. 23, 2019) (unpublished) (Order denying Motion to Vacate under 28 U.S.C. § 2255 and denying a Certificate of Appealability), App. E. 2. United States v. Morales, No. 2019 WL 4658354 (D. Nev. Sept. 23, 2019) (unpublished) (Order denying Motion to Vacate under 28 U.S.C. § 2255 and denying a Certificate of Appealability), App. F. 3. United States v. Morales and Dent, No. Dkt. Nos. 3, 47, 84, 86, 95, 136, 137 (D. Nev. Nov. 3, 2009) (Joint Superseding Indictment, Plea Agreements, Plea Hearing Transcripts, Final Judgments), App. G-M. ii

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2021-05-12
DISTRIBUTED for Conference of 5/27/2021.
2021-04-26
Memorandum of respondent United States filed.
2021-03-18
Motion to extend the time to file a response is granted and the time is extended to and including April 26, 2021.
2021-03-17
Motion to extend the time to file a response from March 25, 2021 to April 26, 2021, submitted to The Clerk.
2021-02-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2021)

Attorneys

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