No. 25-6330

Jose M. Rojas-Tapia v. United States

Lower Court: First Circuit
Docketed: 2025-12-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aiding-and-abetting appellate-review crime-of-violence mail-offense modified-categorical-approach sentencing-enhancement
Key Terms:
Immigration
Latest Conference: 2026-01-09
Question Presented (AI Summary)

Whether aiding and abetting a mail offense constitutes a crime of violence for sentencing enhancement purposes and what standard of review applies to categorical approach determinations

Question Presented (from Petition)

I. Does aiding and abetting a mail offense pursuant to 18 U.S.C. § 2114(a) constitute a crime of violence for purposes of serving as a predicate offense under 18 U.S.C. § 924(c)? II. Does an appellate court apply de novo review or clear error review to a district court’s determination of the crime of conviction under the modified categorical approach?

Docket Entries

2026-01-12
Petition DENIED.
2025-12-17
DISTRIBUTED for Conference of 1/9/2026.
2025-12-15
Waiver of United States of right to respond submitted.
2025-12-15
Waiver of right of respondent United States to respond filed.
2025-12-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 9, 2026)
2025-10-10
Application (25A413) granted by Justice Jackson extending the time to file until December 6, 2025.
2025-10-07
Application (25A413) to extend the time to file a petition for a writ of certiorari from October 7, 2025 to December 6, 2025, submitted to Justice Jackson.

Attorneys

José Rojas-Tapia
Kevin Edward LermanFederal Public Defender, District of Puerto Rico, Petitioner
Kevin Edward LermanFederal Public Defender, District of Puerto Rico, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent