No. 21-5975
Modesto Balderas v. United States
Tags: armed-career-criminal-act borden-v-united-states criminal-procedure records-of-conviction sentencing sentencing-enhancement simple-robbery texas-penal-code violent-felony
Key Terms:
Environmental SocialSecurity Securities Immigration
Environmental SocialSecurity Securities Immigration
Latest Conference:
2022-01-14
Question Presented (AI Summary)
Whether the Texas offense of Simple Robbery, Tex. Penal Code §29.02(a) constitutes a 'violent felony' under the Armed Career Criminal Act, 18 U.S.C. §924(e)(2)(B), where the sentencing court has before it no records of the prior conviction?
Question Presented (OCR Extract)
QUESTION PRESENTED Whether the Texas offense of Simple Robbery, Tex. Penal Code §29.02(a) constitutes a “violent felony” under the Armed Career Criminal Act, 18 U.S.C. §924(e)(2)(B), where the sentencing court has before it no records of the prior conviction? i
Docket Entries
2022-01-18
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)..
2021-12-30
DISTRIBUTED for Conference of 1/14/2022.
2021-12-15
Memorandum of respondent United States filed.
2021-11-10
Motion to extend the time to file a response is granted and the time is extended to and including December 15, 2021.
2021-11-09
Motion to extend the time to file a response from November 15, 2021 to December 15, 2021, submitted to The Clerk.
2021-10-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2021)
Attorneys
Modesto Balderas
Kevin Joel Page — Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent