No. 23-7691

Robert A. Espinoza v. United States

Lower Court: Seventh Circuit
Docketed: 2024-06-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-924c 924c-offense attempt-offense attempt-offenses crime-of-violence criminal-law predicate-crimes statutory-interpretation supreme-court-precedent taylor-decision taylor-v-united-states
Key Terms:
HabeasCorpus
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Can an Illinois' attempt offense be a predicate crime of violence for an 18 U.S.C. § 924(c) offense?

Question Presented (OCR Extract)

QUESTION PRESENTED : Illinois' Attempt offenses have two elements: an intent to commit a specific . Offense and a substantial step towards commission of the offense. Neither element need not involve the use, attempted use, or threatened use of physical force against the person or property of another. The questions presented are: 1) After this Court's decision in Taylor (2022), can an Illinois' attempt offense be a predicate crime of violence for an 18 U.S.C. § 924(c) offense? 2) Does an intervening change in statutory interpretation by the Supreme Court allow relief for a petitioner, pursuant to Recall the Mandate even on a closed case? -ii

Docket Entries

2024-10-07
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2024-06-27
DISTRIBUTED for Conference of 9/30/2024.
2024-06-24
Waiver of United States of right to respond submitted.
2024-06-24
Waiver of right of respondent United States to respond filed.
2024-03-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 12, 2024)

Attorneys

Robert A. Espinoza
Robert A. Espinoza — Petitioner
United States
Elizabeth B. Prelogar — Respondent