No. 19-8564

David Ojeda v. United States

Lower Court: Second Circuit
Docketed: 2020-05-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act circuit-split johnson-vagueness new-york-state-law second-circuit serious-drug-offense stokeling-precedent stokeling-v-united-states violent-felony
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-06-25
Question Presented (from Petition)

Whether the United States Court of Appeals for the Second Circuit misapplied Stokelin~
v. United States, U.S. 139 S. Ct. 544 (2019), in holding that all degrees of
robbery under New York State law are "violent felonies" for purposes of the Armed
Career Criminal Act, which holding added to the existing Circuit split on this issue.

2. Whether the United States Court of Appeals for the Second Circuit erred in holding that
its expansive interpretation of "serious drug offense" as encompassing attempted drug
offenses for purposes of the Armed Career Criminal Act was not unconstitutionally vague
under United States v. Johnson, U.S. , 135 S. Ct. 2551 (2015).

Question Presented (AI Summary)

Whether the United States Court of Appeals for the Second Circuit misapplied Stokeling v. United States

Docket Entries

2020-06-29
Petition DENIED.
2020-06-10
DISTRIBUTED for Conference of 6/25/2020.
2020-06-02
Waiver of right of respondent United States to respond filed.
2020-05-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 29, 2020)

Attorneys

David Ojeda
Devin McLaughlinLangrock Sperry & Wool, LLP, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent