No. 21-6946

Gregory Lozado v. United States

Lower Court: Tenth Circuit
Docketed: 2022-01-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: borden-decision circuit-split crime-of-violence criminal-law felony-menacing force-clause general-intent guidelines guidelines-interpretation sentencing
Key Terms:
HabeasCorpus
Latest Conference: 2022-02-25
Question Presented (AI Summary)

Does Colorado felony menacing qualify as a crime of violence under the Guidelines force clause after Borden v. United States?

Question Presented (OCR Extract)

QUESTION PRESENTED Colorado felony menacing is a general intent crime that does not require proof that the defendant intended to harm a specific person. To qualify as a crime of violence under the force clause, an offense must require the perpetrator β€œto direct his action at, or target, another individual.” Borden v. United States, 141 S. Ct. 1817, 1825 (2021). After Borden does Colorado felony menacing still qualify as a ctime of violence under the Guidelines force clause? i

Docket Entries

2022-02-28
Petition DENIED.
2022-02-10
DISTRIBUTED for Conference of 2/25/2022.
2022-02-04
Waiver of right of respondent United States to respond filed.
2022-01-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 23, 2022)

Attorneys

Gregory Lozado
Meredith EsserOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent