No. 19-6229

John Joseph Douglas v. United States

Lower Court: Eighth Circuit
Docketed: 2019-10-09
Status: Denied
Type: IFP
IFP
Tags: acca aggravated-robbery aiding-and-abetting armed-career-criminal-act criminal-law overbreadth-doctrine predicate-offense sentencing state-law statutory-interpretation stokeling sudden-snatching
Key Terms:
HabeasCorpus
Latest Conference: 2020-02-21
Question Presented (from Petition)

I. IF A STATES AIDING AND ABETTING STATUTE IS BROADER
THAN THE FEDERAL GENERIC DEFINITION; DOES AIDING
AND ABETTING AGGRAVATED ROBBERY QUALIFY AS A PREDICATE
OFFENSE UNDER,THE?A.C.C.A. IN THAT STATE?

II. DOES MINNESOTANS AGGRAVATED ROBBERY STATUTE -WHICH ALLOWS
COVICTIONS FOR SUDDEN SNATCHING- STILL QUALIFY AS AN
A.C.C.A. PREDICATE AFTER THE SUPREME COURTS DECISION
IN STOKELING ?

III. IF A STATUTE ON ITS FACE IS OVERBROAD, CAN THE COURT
LOOK BEYOND THE STATUTE OF CONVICTION TO A LESSER j.
INCLUDED OFFENSE OF A LESSER INCLUDED OFFENSE TO DETERMINE
THAT THE OVERBROAD STATUTE NOW QUALIFIES ?

Question Presented (AI Summary)

Whether a state's aiding and abetting statute that is broader than the federal generic definition can qualify as a predicate offense under the ACCA

Docket Entries

2020-02-24
Petition DENIED.
2020-01-23
DISTRIBUTED for Conference of 2/21/2020.
2020-01-08
Brief of respondent United States in opposition filed.
2019-12-05
Motion to extend the time to file a response is granted and the time is further extended to and including January 8, 2020.
2019-12-04
Motion to extend the time to file a response from December 9, 2019 to January 8, 2020, submitted to The Clerk.
2019-11-04
Motion to extend the time to file a response is granted and the time is extended to and including December 9, 2019.
2019-10-31
Motion to extend the time to file a response from November 8, 2019 to December 9, 2019, submitted to The Clerk.
2019-08-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 8, 2019)

Attorneys

John Joseph Douglas
John Joseph Douglas — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent