No. 22-5566
Randly Irvin Begay v. United States
Response WaivedIFP
Tags: borden-precedent categorical-approach crime-of-violence extreme-recklessness federal-second-degree-murder ninth-circuit recklessness rule-of-lenity statutory-interpretation targeted-use-of-force
Latest Conference:
2022-10-07
Question Presented (from Petition)
As this Court held in Borden v. United States, 141 S. Ct. 1817 (2021), an offense must necessarily entail the targeted use of force against another to qualify as a "crime of violence" under the categorical approach. Federal second-degree murder, which can be committed with "extreme" recklessness, does not require the targeted use of force against another. Did the Ninth Circuit majority err in holding that federal second-degree murder is a crime of violence under 18 U.S.C. § 924(c)(3)?
Question Presented (AI Summary)
Whether federal second-degree murder is a crime of violence under 18 U.S.C. § 924(c)(3)
Docket Entries
2022-10-11
Petition DENIED.
2022-09-22
DISTRIBUTED for Conference of 10/7/2022.
2022-09-20
Waiver of right of respondent United States to respond filed.
2022-09-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2022)
2022-07-26
Application (22A69) granted by Justice Kagan extending the time to file until September 12, 2022.
2022-07-20
Application (22A69) to extend the time to file a petition for a writ of certiorari from August 3, 2022 to September 12, 2022, submitted to Justice Kagan.
Attorneys
Randly Irvin Begay
Mary Edith Cunningham — Federal Public Defender's Office, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent