No. 24A123

James H. Roane v. United States

Lower Court: Fourth Circuit
Docketed: 2024-08-02
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: borden-standard circuit-split criminal-law mens-rea statutory-interpretation vicar-offense
Latest Conference: N/A
Question Presented (from Petition)

Whether an 18 U.S.C. § 1959(a) (VICAR) offense constitutes the "crime of violence" predicate necessary to support a § 924(c) conviction following this Court's holdings in Davis and Borden requires the court to "look through" to the state or federal statute underpinning the VICAR offense and assess whether the underlying statute categorically requires the intentional or knowing use of violent force, as required by Borden, or whether, instead, the court can impute the required mens rea from VICAR's purpose element, and thus satisfy Borden without considering the state or federal statute defining the VICAR offense at all.

Question Presented (AI Summary)

Whether a federal court can 'look through' a VICAR offense to assess the underlying statute's mens rea requirement consistent with the Supreme Court's ruling in Borden

Docket Entries

2024-08-02
Application (24A123) granted by The Chief Justice extending the time to file until October 11, 2024.
2024-07-31
Application (24A123) to extend the time to file a petition for a writ of certiorari from August 12, 2024 to October 11, 2024, submitted to The Chief Justice.

Attorneys

James Roane
Shawn NolanFederal Community Defender Office for the EDPA, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent