No. 18-6342

Jaime Rene Lopez-Vaal v. United States

Lower Court: Ninth Circuit
Docketed: 2018-10-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: accomplice-liability aggravated-felony criminal-law criminal-procedure due-process equal-protection federal-sentencing immigration immigration-law ninth-circuit-review sentencing statutory-interpretation void-for-vagueness
Key Terms:
AdministrativeLaw DueProcess Immigration Privacy JusticiabilityDoctri
Latest Conference: 2018-11-16
Question Presented (from Petition)

Whether Section 1326(b), which does not define "misdemeanors involving drugs or violence against the person," "felony," or "aggravated felony," is unconstitutionally vague in light of Johnson v. United States, 135 S. Ct. 2551 (2015).

Whether the Ninth Circuit erred in concluding that petitioner's prior Washington State conviction qualifies as a generic federal felony, given that Washington's definition of accomplice liability requires only a mens rea of "knowledge," whereas federal law requires a mens rea of "specific intent," making the Washington conviction overbroad under Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2007).

Question Presented (AI Summary)

Whether Section 1326(b) is unconstitutionally vague

Docket Entries

2018-11-19
Petition DENIED.
2018-11-01
DISTRIBUTED for Conference of 11/16/2018.
2018-10-24
Waiver of right of respondent United States to respond filed.
2018-10-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2018)

Attorneys

Jaime Lopez-Vaal
Kent Darroch YoungThe Law Offices Of Kent D. Young, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent