No. 19-7661

Redinel Dervishaj, aka Redi, aka Red v. United States

Lower Court: Second Circuit
Docketed: 2020-02-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 924(c)(3)(A) appellate-review crime-of-violence extortion federal-criminal-law force-clause hobbs-act physical-threat second-circuit title-18 title-18-924(c)(3)(a)
Latest Conference: 2020-03-20
Question Presented (from Petition)

I. May The Second Circuit Court; Of Appeals Determine That The'Underlying Offense Of
Hobbs Act Extortion? Threatening Physical Violence In Furtherance*Of A Plan To
Extort, Categorically Qualify As A Crime Of Violence Under The Force Clause
Of Title 18 § 924(c)(3)(A)?

II. May The Second Circuit Court Of Appeals Hold That Petitioner's Preserved Issue
Was Waived Although It Was Not Objected To At Trial But Was Preserved During
Sentencing And, If It Was Not Forfeited, Did The Court Of Appeals Err In Not
Reviewing It under The Plain Error Standard of Federal Rules Of Criminal Procedure
52(b)?

III. May The Second Circuit Court Of Appeals Flatly Disregard A Meritorious Claim Of
. Subordination: *0f Perjury By Government Witnesses Throughly Supported By
Competent Evidence?

IV. May The Second Circuit Court Of Appeals Ignore The Strictures Regarding Federal
Agents Executing A.Daytime Seizure And Search Warrant In The Nighttime?

V. May The Second Circuit Court of Appeals Permit The Government To use Highly
Prejudicial Evidence, With No Probative Value , That Was Wholly Irrelevant And
Unrelated To The Case? •

VI; May The Second Circuit Court Of Appeals Find Brady Violation Claims To Be
Without Merit Without Addressing The Claims?

VII. May The Second Circuit Court Of Appeals Permit Petitioner To Be Tried For A
Firearms Related Offenses When No Firearm Was Involved Nor Presented or Proven
At Trial?

VIII. May The Second Circuit Court Of Appeals Accept, And Ultimately, Grant An
Untimely Filed Brief Where Tolling Did Not Apply?

Question Presented (AI Summary)

Whether the Second Circuit Court of Appeals erred in determining that the underlying offense of Hobbs Act extortion, threatening physical violence in furtherance of a plan to extort, categorically qualifies as a crime of violence under the force clause of Title 18 § 924(c)(3)(A)

Docket Entries

2020-03-23
Petition DENIED.
2020-03-05
DISTRIBUTED for Conference of 3/20/2020.
2020-03-02
Waiver of right of respondent United States to respond filed.
2020-02-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 20, 2020)

Attorneys

Redinel Dervishaj
Redinel Dervishaj — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent