No. 23-5392
Angelo Joseph Fernandez v. United States
Response WaivedIFP
Tags: crime-of-violence criminal-law domestic-violence mens-rea prior-conviction recklessness sentencing sentencing-guidelines statutory-interpretation supreme-court
Key Terms:
SocialSecurity
SocialSecurity
Latest Conference:
2023-10-06
Question Presented (AI Summary)
Does the petitioner's prior conviction for corporal injury to a spouse or cohabitant under California Penal Code § 273.5(a) qualify as a crime of violence under United States Sentencing Guidelines § 2K2.1(a)(4)(A)
Question Presented (from Petition)
QUESTION(S) PRESENTED 1. Does the petitioner's prior conviction for corporal injury to a spouse or cohabitant under California Penal Code § 273.5(a) qualify as a crime of violence under United States Sentencing Guidelines § 2K2.1(a)(4)(A) where the United States Supreme Court in Borden v. United States, 141 S. Ct. 1817 (2021) determined that an offense requiring a mens rea of mere recklessness does not qualify as a crime of violence? i
Docket Entries
2023-10-10
Petition DENIED.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-09-06
Waiver of right of respondent United States of America to respond filed.
2023-08-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 18, 2023)
Attorneys
Angelo Joseph Fernandez
Richard Mehdi Oberto — Richard M. Oberto, Attorney at Law, Petitioner
Richard Mehdi Oberto — Richard M. Oberto, Attorney at Law, Petitioner
United States of America
Elizabeth B. Prelogar — Solicitor General, Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent