No. 18-5083

Rahman Fulton v. United States

Lower Court: Third Circuit
Docketed: 2018-07-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-924 18-usc-924c bank-robbery crime-of-violence criminal-procedure due-process extortion force-clause mathis-v-united-states mens-rea residual-clause statutory-interpretation
Latest Conference: 2018-09-24
Question Presented (from Petition)

Petitioner comes forth with Question base under Graham v. United States ; U.S., No. 16-6308, friend of the Court brief filed 10/28/16. To Be Held ThAbeyance To Outcome Of Supreme Court Decision. Mr. Rahman brings same conclusion when FBI use mining mobile phone provider records to point him at Bank Robbery base on the phone call to Ms. Karma Echevarria on May 25, 2012 at 4:19pm. Petitioner ask The Supreme Court grant a"GVR"

Petitioner comes forth with Question base under Lynch v. Dimaya, No. 15-1498 To Be Held In Abeyance To Outcome Of Supreme Court Decision. Petitioner ask The Supreme Court grant a

Petitioner states federal bank robbery statue does not require a knowing or intentional "mens rea" in association with the use of force or intimidation. therefore "force" clause of 18 U.S.C. 924(c)(3)(A) does not apply Mr. Rahman under residua] clause 924(c)(3)(B) which identical to 16(b).Count 2 should be dismiss for not being "Crime of Violence"

Petitioner argues Mathis v. United States, 136 S.Ct. 2243, 195 L.Ed. 2d 604(2016) Mr. Rahman brings argument under lessor included offense of Bank Robbery which can be committed by means of extortion that does not require the use or fear of physical force. Therefore Count 2 should be dismiss for not being "Crime of Violence"

Question Presented (AI Summary)

Whether the federal bank robbery statute requires a knowing or intentional mens rea, and whether the 'force' clause of 18 U.S.C. 924(c)(3)(A) applies when the underlying offense can be committed by extortion that does not require the use or fear of physical force

Docket Entries

2018-10-01
Petition DENIED.
2018-07-12
DISTRIBUTED for Conference of 9/24/2018.
2018-07-10
Waiver of right of respondent United States to respond filed.
2017-05-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 1, 2018)

Attorneys

Rahman Fulton
Rahman Fulton — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent