No. 20-7348

Anthony Ray Ybarra v. United States

Lower Court: Tenth Circuit
Docketed: 2021-03-05
Status: Denied
Type: IFP
IFP
Tags: armed-career-criminal-act circuit-split force-clause mens-rea physical-force violent-felony
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-06-03
Question Presented (AI Summary)

Does a criminal offense without mens rea qualify as a violent felony under the Armed Career Criminal Act?

Question Presented (OCR Extract)

QUESTIONS PRESENTED New Mexico courts have held the state’s aggravated assault statute does not have a mens rea element with respect to the victim. Does a criminal offense that can be committed without any mens rea qualify as a violent felony under the Armed Career Criminal Act? Does New Mexico aggravated battery qualify as a violent felony under the Armed Career Criminal Act when it measures the harm caused by an “unlawful touch” rather than by “use of physical force”? ix

Docket Entries

2021-06-07
Petition DENIED.
2021-05-20
Reply of petitioner Anthony Ybarra filed. (Distributed)
Main DocumentProof of Service
2021-05-19
DISTRIBUTED for Conference of 6/3/2021.
2021-05-05
Memorandum of respondent United States of America filed.
Main DocumentProof of Service
2021-04-01
Motion to extend the time to file a response is granted and the time is extended to and including May 5, 2021.
2021-03-31
Motion to extend the time to file a response from April 5, 2021 to May 5, 2021, submitted to The Clerk.
Main Document
2021-02-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 5, 2021)
Motion for Leave to Proceed in Forma PauperisPetitionAppendix

Attorneys

Anthony Ybarra
Mallory Margaret Gagan — Office of the Federal Public Defender District of New Mexico, Petitioner
United States of America
Elizabeth B. Prelogar — Acting Solicitor General, Respondent