No. 23-6686

Clarence Lee Davis v. United States

Lower Court: Tenth Circuit
Docketed: 2024-02-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-924(c) 28-usc-2255(f)(3) armed-career-criminal attempted-bank-robbery bank-robbery crime-of-violence criminal-violence davis-v-united-states federal-criminal-law sentencing-enhancement statutory-interpretation taylor-v-united-states
Key Terms:
HabeasCorpus
Latest Conference: 2024-03-01
Question Presented (AI Summary)

In a proceeding timely filed under 28 U.S.C. 2255(f)(3), does Attempted Bank Robbery qualify as a crime of violence under 18 U.S.C. 924(c)'s residual clause or elements clause construed with this Court's precedent in Taylor and Davis in order for 924(c) and the Armed Career Criminal Statute to be applicable?

Question Presented (OCR Extract)

No question identified. : QUESTION TO BE REVIEWED . Question 1: In a proceeding timely filed under 28 U.S,C. 2255(£)(3) ~ does Attempted Bank Robbery qualify as a crime of violence under 3. 924(c)'s residual clause or elements clause construed with this <3 courts precedent in Taylor and Davis in order for 924(c) and the Armed Career Criminal Statute to be applicable? ; (2) Dees Attempted Bank Mobbery alwuy's require ve oment to Prove beyond 0 reasonabhe bv x ne AS aN element the Use, AHempted Use Mtatened USe of force? . 3 Doe C > . ARempted Bank Nobher Serue 1 a \ ) Y We as Qa “Gry Violence Os +he Insta me of thas U's decision is ced yo ly dtake Po act ue LN Ofer Lop the lower ourts to Cady H+ BS Such 2? (S)_Did the Disteick Wort Comma cor by instructing the Sory that Attemated Bank Bbbery 7 Crime of Wolencte ? Page i PARTIES JUDGMENT TO BE REVIEWED Distrigt Codft judge CLAIRE V. EAGAN, and Appeals Court judge es MATHESON, BACHARACH, and ROSSMAN‘are the judges who's judgment is to be reviewed.

Docket Entries

2024-03-04
Petition DENIED.
2024-02-15
DISTRIBUTED for Conference of 3/1/2024.
2024-02-13
Waiver of right of respondent United States to respond filed.
2023-11-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 8, 2024)

Attorneys

Clarence L. Davis
Clarence Lee Davis — Petitioner
Clarence Lee Davis — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent