No. 21-6743

Juan Carlos Reyes v. United States

Lower Court: Ninth Circuit
Docketed: 2021-12-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-2113(a) 18-usc-924(c) bank-robbery crime-of-violence elements-clause federal-bank-robbery federal-criminal-law intentional-force statutory-interpretation violent-physical-force
Key Terms:
HabeasCorpus
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Can reasonable jurists debate whether federal armed bank robbery by intimidation, under 18 U.S.C. § 2113(a), is a crime of violence under the elements clause of 18 U.S.C. § 924(c) because the offense doesn't require any intentional use, attempted use, or threatened use of violent physical force?

Question Presented (OCR Extract)

QUESTION PRESENTED Federal bank robbery, 18 U.S.C. § 2113(a), is a general intent offense, see Carter v. United States, 530 U.S. 255, 268 (2000), and the statute doesn’t require the defendant to intend to intimidate anyone. The statute also doesn’t require a defendant to use or threaten to use violent physical force to intimidate. Under this Court’s precedents, predicate crimes of violence must involve the intentional use of force, see Borden v. United States, 141 S. Ct. 1817, 1830 (2021), and the physical force must be “capable of causing physical pain or injury.” See, e.g., Stokeling v. United States, 139 S. Ct. 544, 553-54 (2019). Petitioner challenged his 18 U.S.C. § 924(c) conviction alleging that the predicate offense, federal bank robbery, was not a categorical crime of violence. The district court denied relief, and the Court of Appeals denied a certificate of appealability, citing its own caselaw holding that federal bank robbery is a crime of violence. The question presented is: Can reasonable jurists debate whether federal armed bank robbery by intimidation, under 18 U.S.C. § 2113(a), is a crime of violence under the elements clause of 18 U.S.C. § 924(c) because the offense doesn’t require any intentional use, attempted use, or threatened use of violent physical force? pretix

Docket Entries

2022-02-22
Petition DENIED.
2022-01-13
DISTRIBUTED for Conference of 2/18/2022.
2022-01-05
Waiver of right of respondent United States to respond filed.
2021-12-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 28, 2022)

Attorneys

Juan Carlos Reyes
Kristi A. HughesLaw Office of Kristi A. Hughes, Petitioner
Kristi A. HughesLaw Office of Kristi A. Hughes, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent