No. 21-6524

Joshua James Mjoness v. United States

Lower Court: Tenth Circuit
Docketed: 2021-12-06
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: charging-language crime-of-violence criminal-law mathis-precedent modified-categorical-approach predicate-offense sentencing sentencing-enhancement statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Whether a court may place determinative weight on the government's charging language when applying the modified categorical approach under Mathis v. United States

Question Presented (OCR Extract)

QUESTION PRESENTED Whether, when applying the modified categorical approach under Mathis v. United States, 136 S. Ct. 2243 (2016), a court may place determinative weight on the government’s charging language in that very case when determining whether a charged offense qualifies as a predicate “crime of violence” for another charged offense? i

Docket Entries

2022-01-10
Petition DENIED.
2021-12-23
DISTRIBUTED for Conference of 1/7/2022.
2021-12-17
Waiver of right of respondent United States to respond filed.
2021-12-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 5, 2022)

Attorneys

Joshua James Mjoness
John Carl ArceciOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent