No. 19-6800

Rodney Dewayne Mitchell v. United States

Lower Court: Fifth Circuit
Docketed: 2019-12-03
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: almendarez-torres almendarez-torres-v-united-states armed-career-criminal-act jury-determination maximum-punishment prior-conviction sentencing-enhancement standing texas-criminal-law violent-felony
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-04-03
Question Presented (from Petition)

1. Whether the Texas offense of aggravated robbery is a "violent felony " under the Armed
Career Criminal Act, 18 U.S.C. §924(e)?
Subsidiary question: Whether the instant Petition should be held pending Walker v. United
States , No. 19-373, __U.S.__, __S.Ct. __, 2019 WL 6042320 (Nov. 15, 2019)(g ranting cert.), and/or
Burris v. United States , No. 19-6186 (cert. filed October 7, 2019)?

2. Whether the fact of a prior conviction must be proven to a jury beyond a reasonable doubt
and placed in the indictment if it elevates the defendant's max imum punishment?
Subsidiary question: W hether the instant Petition should be held pending any forthcoming
case addressing the viability of Almendarez-Torres v. United States , 523 U.S. 334 (1998)?

Question Presented (AI Summary)

whether-the-texas-offense-of-aggravated-robbery-is-a-violent-felony-under-the-armed-career-criminal-act

Docket Entries

2020-04-06
Petition DENIED.
2020-03-19
DISTRIBUTED for Conference of 4/3/2020.
2020-03-11
Reply of petitioner Rodney Dewayne Mitchell filed.
Main DocumentProof of Service
2020-03-04
Brief of respondent United States in opposition filed.
Proof of ServiceMain Document
2020-01-24
Motion to extend the time to file a response is granted and the time is further extended to and including March 4, 2020.
2020-01-23
Motion to extend the time to file a response from February 3, 2020 to March 4, 2020, submitted to The Clerk.
Main Document
2019-12-27
Motion to extend the time to file a response is granted and the time is extended to and including February 3, 2020.
2019-12-26
Motion to extend the time to file a response from January 2, 2020 to February 3, 2020, submitted to The Clerk.
Main Document
2019-11-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2020)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Rodney Dewayne Mitchell
Kevin Joel Page — Office of the Federal Public Defender, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent