No. 19-7307

Julian Moz-Aguilar v. United States

Lower Court: Third Circuit
Docketed: 2020-01-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: categorical-approach conduct-based-inquiry crime-of-violence elements-clause force-requirement johnson-v-united-states modified-categorical-approach physical-force sentencing-court
Latest Conference: 2020-02-21
Question Presented (from Petition)

In applying the categorical or modified categorical approach to § 924(c)(3)(A), must a sentencing court limit its consideration to the elements of an offense or may a sentencing court instead ignore the elements of the crime and review all contemporaneous crimes of conviction to determine whether a defendant actually used force in committing the offense?

Where an offense's necessary element of physical injury can be satisfied by an omission, is that offense categorically a crime of violence under § 924(c)'s elements clause?

Question Presented (AI Summary)

Whether a sentencing court may consider a defendant's actual conduct in determining if an offense qualifies as a crime of violence under 18 U.S.C. § 924(c)

Docket Entries

2020-02-24
Petition DENIED.
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2020-01-28
Waiver of right of respondent United States to respond filed.
2020-01-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 18, 2020)

Attorneys

Julian Moz-Aguilar
John C. WhippleWhipple Azzarello, LLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent