No. 21-7057

Victor Nava, Jr. v. United States

Lower Court: Fifth Circuit
Docketed: 2022-02-04
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: armed-career-criminal-act borden-v-united-states career-offender-guideline crime-of-violence enumerated-offense-clause reckless-aggravated-assault reckless-assault sentencing-guidelines texas-law
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-03-04
Question Presented (AI Summary)

Does a reckless injury-causing robbery qualify as a 'crime of violence' under the Career Offender Guideline?

Question Presented (OCR Extract)

Question Presented 1. Does the Supreme Court’s holding in Borden v. United States, 141 S. Ct. 1817 (2021) that a reckless aggravated assault cannot qualify as a “crime of violence” under the elements clause of the Armed Career Criminal Act mean that a reckless injury-causing robbery (under Texas law) likewise cannot qualify as a “crime of violence” under the enumerated offense clause of the Career Offender Guideline? i

Docket Entries

2022-03-07
Petition DENIED.
2022-02-17
DISTRIBUTED for Conference of 3/4/2022.
2022-02-10
Waiver of right of respondent United States to respond filed.
2022-01-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 7, 2022)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Victor Nava, Jr.
John Andrew KucheraAttorney at Law, Petitioner
John Andrew KucheraAttorney at Law, Petitioner