Fernando Cazares v. United States
HabeasCorpus
Did the court of appeals err in failing to grant a certificate of appealability
Question Presented Did the court of appeals err in failing to grant a certificate of appealability where the application presented three debatable questions: First, the correctness of the Ninth Circuit’s current rule regarding general verdicts, i.e., that where the jury returns a general verdict, and where one potential basis for the verdict remains constitutionally intact and the other does not, it is permissible and consistent with Alleyne for the court to sustain the conviction so long as one of the prior offenses remains a crime of violence. Second, whether § 241 is a crime of violence. Third, whether a § 245 conviction predicated on Pinkerton conspiracy is a crime of violence. i Statement of