No. 18-5288

Robert Serrano v. United States

Lower Court: Tenth Circuit
Docketed: 2018-07-20
Status: Denied
Type: IFP
Relisted (4)IFP
Tags: armed-career-criminal-act elements-clause force johnson-definition physical-force state-robbery state-robbery-offense victim-resistance violent-felony
Latest Conference: 2019-02-22 (distributed 4 times)
Question Presented (from Petition)

I. Is a state robbery offense that includes as an element the requirement of overcoming victim resistance by use of force a violent felony under the elements clause of the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(i), if state appellate courts have specifically held that the amount of force used to overcome resistance is immaterial?

II. What amount of force satisfies this Court's definition of "physical force" in the elements clause of the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(i), in Johnson v. United States, 559 U.S. 133, 140 (2010), as violent force—that is, force capable of causing physical pain or injury to another person?

Question Presented (AI Summary)

Whether a state robbery offense that includes as an element the requirement of overcoming victim resistance by use of force is a violent felony under the elements clause of the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(i), if state appellate courts have specifically held that the amount of force used to overcome resistance is immaterial

Docket Entries

2019-02-25
Petition DENIED.
2019-02-19
DISTRIBUTED for Conference of 2/22/2019.
2019-02-04
DISTRIBUTED for Conference of 2/15/2019.
2019-01-15
DISTRIBUTED for Conference of 1/18/2019.
2018-10-04
DISTRIBUTED for Conference of 10/26/2018.
2018-09-19
Memorandum of respondent United States filed.
2018-08-15
Motion to extend the time to file a response is granted and the time is extended to and including September 19, 2018.
2018-08-14
Motion to extend the time to file a response from August 20, 2018 to September 19, 2018, submitted to The Clerk.
2018-07-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2018)

Attorneys

Robert Serrano
Peter Elliot EdwardsFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent