No. 19-5037
Gilberto Villanueva, Jr. v. United States
Relisted (2)IFP
Tags: alleyne-v-united-states apprendi-v-new-jersey armed-career-criminal armed-career-criminal-act criminal-statute descamps-v-united-states district-court-fact-finding felon-in-possession johnson-descamps-precedent johnson-v-united-states mens-rea
Latest Conference:
2020-02-28
(distributed 2 times)
Question Presented (from Petition)
Should the District Court be allowed to find the facts necessary in order to qualify defendant as an Armed Career Criminal or should precedent such as Johnson /Descamps or Alleyne / Apprendi be applied when determining those facts?
Should the United States Attorney be made to present to a grand jury and subsequently prove beyond a reasonable doubt at trial the mens rea requirement of criminal law to the felon-in possession statute 18 U.S.C. § 922(g)?
Question Presented (AI Summary)
Should the District Court be allowed to find the facts necessary in order to qualify defendant as an Armed Career Criminal or should precedent such as Johnson/Descamps or Alleyne/Apprendi be applied when determining those facts?
Docket Entries
2020-03-02
Petition DENIED.
2020-02-26
DISTRIBUTED for Conference of 2/28/2020.
2019-10-17
DISTRIBUTED for Conference of 11/1/2019.
2019-10-03
Memorandum of respondent United States filed.
2019-08-28
Motion to extend the time to file a response is granted and the time is further extended to and including October 3, 2019.
2019-08-27
Motion to extend the time to file a response from September 3, 2019 to October 3, 2019, submitted to The Clerk.
2019-07-25
Motion to extend the time to file a response is granted and the time is extended to and including September 3, 2019.
2019-07-24
Motion to extend the time to file a response from August 1, 2019 to September 3, 2019, submitted to The Clerk.
2019-06-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 1, 2019)
Attorneys
Gilberto Villanueva, Jr.
Gilberto Villanueva Jr. — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent