No. 22-6829

Quinton Birdinground, Jr. v. United States

Lower Court: Ninth Circuit
Docketed: 2023-02-22
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: crime-of-violence criminal-law due-process federal-criminal-law mens-rea recklessness second-degree-murder sentencing sentencing-enhancement statutory-interpretation violent-crimes
Key Terms:
HabeasCorpus
Latest Conference: 2023-04-14
Question Presented (AI Summary)

Whether federal second-degree murder is a crime of violence under 18 U.S.C. § 924(c)(3)

Question Presented (from Petition)

Question Presented In Borden v. United States, 141 S.Ct. 1817, 1825 (2021), this Court held that, in order to qualify as a crime of violence, an offense must require proof that “the perpetrator direct his action at, or target, another individual.” Federal second degree murder, which can be committed with extreme recklessness, does not require proof that the perpetrator directed his action in such a manner. In light of this fact, the question in this case is whether the Ninth Circuit erred in holding that federal second degree murder is a crime of violence under 18 U.S.C. § 924(c)(3). i

Docket Entries

2023-04-17
Petition DENIED.
2023-03-23
DISTRIBUTED for Conference of 4/14/2023.
2023-03-20
Waiver of right of respondent United States to respond filed.
2023-02-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 24, 2023)

Attorneys

Quinton Birdinground
David Foster NessFederal Defenders of Montana, Petitioner
David Foster NessFederal Defenders of Montana, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent