No. 21-5891

Archie Ned Williams v. United States

Lower Court: Ninth Circuit
Docketed: 2021-10-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: accomplice-liability crime-of-violence criminal-law double-jeopardy due-process hobbs-act-robbery physical-force pinkerton-liability section-924c statutory-interpretation
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2021-11-12
Question Presented (AI Summary)

Must the use of physical force required to establish a predicate crime of violence under 18 U.S.C. § 924(c)(3)(A) be personal to the defendant convicted of using a firearm during that crime of violence under § 924(c)

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Must the “use of physical force” required to establish a predicate crime of violence under 18 U.S.C. § 924(c)(3)(A) be personal to the defendant convicted of using a firearm during that crime of violence under § 924(c), following the Court’s recent decisions in Borden v. United States,__ U.S. ___, 141 S. Ct. 1817 (2021), and United States v. Davis,__ U.S. ___, 189 S.Ct. 2319 (2019)? 2. Does the least conduct needed to prove a co-conspirator’s liability for a principal’s substantive violent crime under Pinkerton v. United States, 328 U.S. 640 (1946), necessarily satisfy 18 U.S.C. § 924(c)(8)(A)’s requisite use of physical force; or do fundamentals of statutory construction, due process, double jeopardy, and criminal intent, prohibit obtaining § 924(c) convictions and their predicate violent felonies pursuant to Pinkerton? 3. Does the least-culpable conduct needed to establish an accomplice’s liability for a felony, such as Hobbs Act robbery under 18 U.S.C. §§ 2 and 1951(a), categorically satisfy § 924(c)(3)(A)’s requisite use of physical force to permit such accomplices to be convicted of using a firearm in relation to that felony under § 924(c)? i

Docket Entries

2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-21
Waiver of right of respondent United States to respond filed.
2021-09-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 4, 2021)

Attorneys

Archie Ned Williams
Elizabeth GarfinkleLaw Offices of Elizabeth Garfinkle, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent