No. 18-8738

Noe Machado-Erazo and Jose Martinez-Amaya v. United States

Lower Court: District of Columbia
Docketed: 2019-04-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split criminal-law criminal-law-procedure criminal-procedure due-process harmless-error jury-trial physical-force sixth-amendment statutory-interpretation
Latest Conference: 2019-05-09
Question Presented (from Petition)

I. Whether a state statute can be said to require the "use, attempted use, or threatened use of physical force against the person or property of another" within the meaning of 18 U.S.C. §924(c)(3)(b) if the offense, as specifically interpreted to by state appellate courts, can be accomplished by an act of omission such as withholding life-saving medication or sustenance.

II. Does this Court's harmless error standard require a reviewing court to determine if a substantial right was affected as the D.C. Circuit, Fourth Circuit, Fifth Circuit, Tenth Circuit and Eleventh Circuit require, or may the court simply apply their own harmless error standards in determining the validity of a jury's verdict as the First Circuit, Second Circuit, Sixth Circuit, Seventh Circuit and Eighth Circuits maintain?

Question Presented (AI Summary)

Whether an act of omission can constitute the 'use, attempted use, or threatened use of physical force' under 18 U.S.C. §924(c)(8)(A)

Docket Entries

2019-05-13
Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
2019-04-24
DISTRIBUTED for Conference of 5/9/2019.
2019-04-16
Waiver of right of respondent United States of America to respond filed.
2019-03-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 9, 2019)
2019-01-30
Application (18A781) granted by The Chief Justice extending the time to file until March 29, 2019.
2019-01-23
Application (18A781) to extend the time to file a petition for a writ of certiorari from February 27, 2019 to March 29, 2019, submitted to The Chief Justice.

Attorneys

United States of America
Noel J. FranciscoSolicitor General, Respondent