No. 25-5841

Melvin Ray v. United States

Lower Court: Fifth Circuit
Docketed: 2025-10-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: categorical-approach crime-of-violence due-process federal-jurisdiction fifth-amendment substantial-effects-test
Key Terms:
DueProcess FifthAmendment HabeasCorpus
Latest Conference: 2025-11-14
Question Presented (AI Summary)

Whether the Fifth Circuit's interpretation of aiding and abetting bank robbery as a 'crime of violence' under 924(c)(3)(A) sidesteps the categorical approach and conflicts with other circuits, and whether 18 U.S.C. 2113(a) exceeds Congress's enumerated powers by extending federal jurisdiction to intrastate robberies

Question Presented (OCR Extract)

This case presents questions of expectional national importance with implications for the uniformity of federal criminal law and the protection of constitutional rights. The Fifth Circuit ’s interpretation of aiding and abetting bank robbery as a "crime of violence" under 18 U.S.C. 924(c)(3) sidesteps the categorical approach, conflicts with other circuits, and exposes defendants to overbroad and unpredictable liability. Simultaneously, the statutory and jurisdictional reach of 18 U.S.C. 2113(a), including reliance on the "substantial effects ” test, raises legal and constitutional questions concerning federal prosecutorial authority, the government's burden to establish jurisdiction, Congress's limited authority, and limits of the Necessary and Proper Clause. QUESTIONS PRESENTED: 1) Whether the Fifth Circuit's interpretation of aiding and abetting bank robbery as a "crime of violence" under 924(c)(3)(A) sidesteps the categorical approach, conflicts with other circuits and deprives defendants of due process under the Fifth Amendment? 2) Whether 18 U.S.C. 2113(a) exceeds Congress's enumerated powers by extending federal jurisdiction to intrastate robberies under the "substantial effects ” test?

Docket Entries

2025-11-17
Petition DENIED.
2025-10-30
DISTRIBUTED for Conference of 11/14/2025.
2025-10-28
Waiver of United States of right to respond submitted.
2025-10-28
Waiver of right of respondent United States to respond filed.
2025-04-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 10, 2025)

Attorneys

Melvin Ray
Melvin Ray — Petitioner
Melvin Ray — Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent