No. 23-5998

Gilberto Arreola Chavez v. United States

Lower Court: Eighth Circuit
Docketed: 2023-11-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act certificate-of-appealability civil-rights criminal-code dangerous-weapon due-process innocence sentencing-enhancement violent-felony weapons-statute
Latest Conference: 2023-12-08
Question Presented (AI Summary)

Whether the Eighth Circuit erred in denying the petitioner a certificate of appealability when the petitioner showed that reasonable jurists could debate whether, pursuant to Borden v. United States, 141 S. Ct. 1817 (2021) and United States v. Frazier, 948 F.3d 85 (2d Cir. 2020), his convictions for intimidation with a dangerous weapon in violation of Iowa Code § 708.6 did not qualify as a violent felony under the Armed Career Criminal Act, and he was actually innocent of an armed career offender sentence

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Se , ) “Div He EigHTW circuit DENY THE pETitioner a edie RigHT ANd Err Wen THE PETiTioNer SHow wen ON A COA THAT REASONALIE Jurist couid ATE THAT Pursuant Borden I41 S.cT 1g19 Qo2\) ANd UNITED STATES vs FRAZieC, 42 Fut ggy Q02}) HiS CONVicTions FOR iNTiMidaTion WITH A DANGEMDuS WEAPON iN ViolaTioON OF Iowa code Tos. EQ did NOT QualiFY AS A ViolewT. FlNY” Onder THE a DiS.C. 8 42U) (Acca) ANd HE WAS AcTuAaly , — INNOCENT OF AN ARHed CAteer OFFENdEr SeVtence ?

Docket Entries

2023-12-11
Petition DENIED.
2023-11-22
DISTRIBUTED for Conference of 12/8/2023.
2023-11-16
Waiver of right of respondent United States to respond filed.
2023-11-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 13, 2023)

Attorneys

Gilberto A. Chavez
Gilberto Arreola Chavez — Petitioner
Gilberto Arreola Chavez — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent