No. 18-5732

James LaConte v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-08-24
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: armed-career-criminal-act due-process due-process-clause florida-robbery florida-robbery-statute sentencing-enhancement statutory-interpretation victim-resistance violent-felony
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (from Petition)

Whether Florida's State § 812.13 robbery offense that includes "as an element" the common law requirement of overcoming "victim resistance" is categorically a "violent felony" under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(i), when the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance?

Whether Petitioner's writ of certiorari should be granted in light of the Supreme Court's grant of certiorari in Stokeling v. United States, (U.S. No. 17-554), and the relisting in Pace v. United States, (U.S. No. 17-7140), raising the identical question above in question #1?

Whether Petitioner's conviction for 812.13 robbery under Florida's State statute qualifies as a ACCA predicate?

Whether Petitioner's sentence of five years over his statutory maximum pursuant to 18 U.S.C. § 922(g) is unlawful, in violation of the Fifth Amendment Due Process Clause?

Question Presented (AI Summary)

Whether Florida's State § 812.13 robbery offense is categorically a violent felony' under the Armed Career Criminal Act

Docket Entries

2019-01-07
Rehearing DENIED.
2018-12-05
DISTRIBUTED for Conference of 1/4/2019.
2018-10-19
Petition for Rehearing filed.
2018-10-01
Petition DENIED.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-08-30
Waiver of right of respondent United States to respond filed.
2018-07-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2018)

Attorneys

James LaConte
James LaConte — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent