No. 21-5046

Ira Lee Wilkins v. United States

Lower Court: Tenth Circuit
Docketed: 2021-07-08
Status: GVR
Type: IFP
IFP
Tags: crime-of-violence criminal-law reckless-conduct reckless-force sentencing sentencing-guidelines statutory-interpretation supreme-court-precedent supreme-court-review tenth-circuit violent-crime
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Whether Mr. Wilkins's conviction for Texas aggravated robbery is a crime of violence under U.S.S.G. § 4B1.2 in light of Borden v. United States

Question Presented (OCR Extract)

Question Presented Should this Court grant this petition, vacate the judgment below, and remand in order to allow the Tenth Circuit to determine in the first instance whether Mr. Wilkins’s conviction for Texas aggravated robbery— which plainly could have been committed through the reckless use of force—is a crime of violence under U.S.S.G. § 4B1.2 in light of this Court’s decision in Borden v. United States, 141 S.Ct. 1817, 2021 WL 2367312 (U.S. June 10, 2021)? ii

Docket Entries

2021-11-15
JUDGMENT ISSUED.
2021-10-12
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Borden</i> v. <i>United States</i>, 593 U. S. ___ (2021). Justice Gorsuch took no part in the consideration or decision of this motion and this petition.
2021-09-23
DISTRIBUTED for Conference of 10/8/2021.
2021-09-08
Memorandum of respondent United States of America filed.
2021-08-06
Motion to extend the time to file a response is granted and the time is extended to and including September 8, 2021.
2021-08-05
Motion to extend the time to file a response from August 9, 2021 to September 8, 2021, submitted to The Clerk.
2021-06-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 9, 2021)

Attorneys

Ira Wilkins
Shira KievalOffice of the Federal Public Defender, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent