Question Presented (from Petition)
1) Where the definition of a crime of violence under federal recidivism
enhancement provisions, such as U.S.S.G. § 4B1.2(a)(1), include the limiting
language "against the person of another," is that language mere surplusage or
must a defendant be more than negligent with respect to whether his
intentional conduct could harm another?
2) Whether, when determining whether a state offense qualifies as a crime of
violence, a federal court is bound by the decision of the state's highest court to
label a mens rea as something greater than negligence when this Court has
unequivocally established that the same mens rea under federal law
constitutes mere negligence?
Question Presented (AI Summary)
Whether the definition of a crime of violence under federal recidivism enhancement provisions requires more than negligence with respect to harm to another
2020-12-17
DISTRIBUTED for Conference of 1/8/2021.
2020-12-14
Reply of petitioner Melvin Whitehead submitted.
2020-11-06
Motion to delay distribution of the petition for a writ certiorari until December 17, 2020 granted.
2020-11-05
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from November 12, 2020 to December 17, 2020, submitted to The Clerk.
2020-10-28
Brief of respondent United States of America in opposition filed.
2020-09-24
Motion to extend the time to file a response is granted and the time is further extended to and including November 4, 2020.
2020-09-22
Motion to extend the time to file a response from October 5, 2020 to November 4, 2020, submitted to The Clerk.
2020-08-31
Motion to extend the time to file a response is granted and the time is extended to and including October 5, 2020.
2020-08-28
Motion to extend the time to file a response from September 4, 2020 to October 5, 2020, submitted to The Clerk.
2020-07-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 4, 2020)