No. 21-6555

Malik Saunders v. United States

Lower Court: Second Circuit
Docketed: 2021-12-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split crimes-of-violence criminal-offenses culpable-omission culpable-omissions injury-or-death intentional-causation physical-force sentencing-guidelines u.s.-sentencing-guidelines
Key Terms:
Takings CriminalProcedure Immigration
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Whether all criminal offenses that require proof of an intentional causation of injury or death, including those which may be committed by way of culpable omissions, involve the 'use .. . of physical force against the person of another,' and therefore qualify as predicate 'crimes of violence' under Section 4B1.2(a)(1) of the U.S. Sentencing Guidelines

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether all criminal offenses that require proof of an intentional causation of injury or death, including those which may be committed by way of culpable omissions—such as the withholding of food or medical involve the “use .. . of physical force against the person of another,” and therefore qualify as predicate “crimes of violence” under Section 4B1.2(a)(1) of the U.S. Sentencing Guidelines. i STATEMENT OF RELATED CASES e United States v. Jones, et al. (including Malik Saunders), No. 15-Cr-153-06, U.S. District Court for the Southern District of New York. Judgment entered February 16, 2018. e United States v. Malik Saunders, No. 18-491, U.S. Court of Appeals for the Second Circuit. Judgment entered July 8, 2021. ii

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 of America to respond filed.
2021-12-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2022)

Attorneys

Malik Saunders
Lucas Arment AndersonRothman. Schneider, Soloway & Stern, LLP, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent