No. 19-5236

Seab Nolen v. United States

Lower Court: Eighth Circuit
Docketed: 2019-07-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: apprehension-of-physical-injury armed-career-criminal-act categorical-approach criminal-law criminal-statute immediate-physical-injury physical-force possession-of-weapon sentencing-enhancement violent-felony weapon-possession
Latest Conference: 2019-10-01
Question Presented (from Petition)

Is a prior conviction that includes as an element the possession of a weapon categorically a violent felony under the Armed Career Criminal Act, 18 U.S.C. § 924 (e)(2)(B)(i) (an offense that "has as an element the use, attempted use, or threatened use of physical force again the person of another"), if the crime may be proven without regard to placing another person in apprehension of immediate physical injury?

Question Presented (AI Summary)

Is a prior conviction that includes as an element the possession of a weapon categorically a violent felony under the Armed Career Criminal Act?

Docket Entries

2019-10-07
Petition DENIED.
2019-08-15
DISTRIBUTED for Conference of 10/1/2019.
2019-08-02
Waiver of right of respondent United States to respond filed.
2019-07-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 19, 2019)

Attorneys

Seab Nolen
Dan GoldbergFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent