No. 22-5637

Dwayne Stone v. United States

Lower Court: Second Circuit
Docketed: 2022-09-21
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 18-usc-924 circuit-split criminal-law elements-clause federal-statute force physical-force physical-inaction statutory-interpretation
Key Terms:
HabeasCorpus Immigration JusticiabilityDoctri
Latest Conference: 2022-10-28
Question Presented (AI Summary)

Whether crimes of physical inaction have 'as an element the use, attempted use, or threatened use of physical force against the person or property of another' under 18 U.S.C. § 924(c)(3)(A)

Question Presented (from Petition)

QUESTION PRESENTED Whether crimes of physical inaction have “as an element the use, attempted use, or threatened use of physical force against the person or property of another.” 18 U.S.C. § 924(c)(3)(A). This question has split 11 circuits. i

Docket Entries

2022-10-31
Petition DENIED. Justice Sotomayor and Justice Kagan took no part in the consideration or decision of this petition.
2022-10-06
DISTRIBUTED for Conference of 10/28/2022.
2022-09-29
Waiver of right of respondent United States to respond filed.
2022-09-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 21, 2022)

Attorneys

Dwayne Stone
Matthew B. LarsenFederal Defenders of New York, Petitioner
Matthew B. LarsenFederal Defenders of New York, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent