No. 20-6323

Lamont Andre Thomas v. United States

Lower Court: Fourth Circuit
Docketed: 2020-11-13
Status: Denied
Type: IFP
IFP
Tags: civil-rights criminal-procedure due-process federal-jurisdiction jurisdiction prosecutorial-discretion sentencing statutory-interpretation united-states-code
Latest Conference: 2021-02-19
Question Presented (from Petition)

Does the Fifth Circuit have constitutional authority under Article III, Section 2, Clause 2 of the United States Constitution, to bring Criminal Charges against the Petitioner under 18 U.S.C. section 924(e), for an offense committed on land that was government's claim under 18 U.S.C. section 924, for an offense that did not occur within the "Special Maritime and Territorial Jurisdiction" of the United States (18 U.S.C. Section 7(3))?

Does a robbery committed by means of putting someone in fear of injury to property of a relative of the victim under 18 U.S.C. Section 1951(a)(b), amount to the "Violent physical force" (as articulated by this Court in Johnson (2015)) needed to satisfy the "physical force" standard under 18 U.S.C. section 924(e)(1)(3) (VCAR)?

Question Presented (AI Summary)

Whether the district court had jurisdiction to hear the government's motion under 18 U.S.C. section 924(c)

Docket Entries

2021-02-22
Petition DENIED.
2021-01-28
DISTRIBUTED for Conference of 2/19/2021.
2021-01-13
Memorandum of respondent United States filed.
2020-12-09
Motion to extend the time to file a response is granted and the time is extended to and including January 13, 2021.
2020-12-08
Motion to extend the time to file a response from December 14, 2020 to January 13, 2021, submitted to The Clerk.
2020-11-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 14, 2020)

Attorneys

Lamont Andre Thomas
Lamont Andre Thomas — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent