Sherrod Goodspeed v. United States
SecondAmendment
Did the Fifth Circuit misapply the categorical approach by dismissing an elemental mismatch as a mere variation in terminology and misconstruing the mens rea required in the amended definition of robbery in the Guidelines, in finding that Texas robbery is a crime of violence?
I. Texas robbery may be committed by a reckless use of force merely incidental to the taking of property. Did the Fifth Circuit misapply the categorical approach by dismissing an elemental mismatch as a mere variation in terminology and misconstruing the mens rea required in the amended definition of robbery in the Guidelines, in finding that Texas robbery is a crime of violence. II. Whether 18 U.S.C. §922(g)(1) comports with the Second Amendment? III. Whether 18 U.S.C. §922(g) permits conviction for the possession of any firearm that has ever crossed state lines at any time in the indefinite past, and, if so, if it is facially unconstitutional? i