No. 25-6330
Jose M. Rojas-Tapia v. United States
Response WaivedIFP
Tags: aiding-and-abetting appellate-review crime-of-violence mail-offense modified-categorical-approach sentencing-enhancement
Key Terms:
Immigration
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
United States
D. John Sauer — Solicitor General, Respondent
D. John Sauer — Solicitor General, Respondent