No. 21-5560

Gary Lamar Henry v. United States

Lower Court: Ninth Circuit
Docketed: 2021-09-02
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: conspiracy criminal-law pinkerton-liability sentencing supreme-court violent-crimes
Key Terms:
DueProcess
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Whether Pinkerton liability applies to 18 U.S.C. § 924(c) violations

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether Pinkerton v. United States, 328 U.S. 640 (1946) liability, which only requires that a conspirator reasonably foresee the substantive crimes of his coconspirators, applies in the context of an 18 U.S.C. § 924(c) violation predicated on a crime of violence, which categorically requires more than the reckless use of force under United States v. Davis, 139 S. Ct. 2319 (2019) and Borden v. United States, 141 S. Ct. 1817 (2021). 2. Whether this Court should grant, vacate, and remand for reconsideration in light of Borden. i STATEMENT OF RELATED CASES . United States v. Gary Lamar Henry, No. 16CR00862-RHW, U.S. District Court for the Central District of California. Judgment entered March 21, 2019. . United States v. Gary Lamar Henry, No. 19-50080, U.S. Court of Appeals for the Ninth Circuit. Judgment entered January 6, 2021 and rehearing denied April 5, 2021. il

Docket Entries

2021-10-12
Petition DENIED.
2021-09-23
DISTRIBUTED for Conference of 10/8/2021.
2021-09-15
Waiver of right of respondent United States of America to respond filed.
2021-08-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 4, 2021)

Attorneys

Gary Henry
Benjamin Lee ColemanSingleton Schreiber McKenzie & Scott LLP, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent