No. 20-7778

Gerald Scott v. United States

Lower Court: Second Circuit
Docketed: 2021-04-15
Status: Denied
Type: IFP
Amici (1)IFP Experienced Counsel
Tags: circuit-split criminal-law criminal-statute federal-sentencing physical-force physical-inaction rule-of-lenity statutory-interpretation use-of-force
Latest Conference: 2021-10-15
Question Presented (from Petition)

Does a crime of physical inaction, in which the inaction is deemed the cause of injury or death, have as an element the "use of physical force against the person of another" under 18 U.S.C. § 924(e)(2)(B)(i) and equivalent provisions at § 16(a), § 924(c)(3)(A) and § 3156(a)(4)(A)?

Question Presented (AI Summary)

Does a crime of physical inaction, in which the inaction is deemed the cause of injury or death, have as an element the 'use of physical force against the person of another' under 18 U.S.C. § 924(e)(2)(B)(i) and equivalent provisions at § 16(a), § 924(c)(3)(A) and § 3156(a)(4)(A)?

Docket Entries

2021-10-18
Petition DENIED.
2021-10-08
Supplemental brief of petitioner Gerald Scott filed. (Distributed)
2021-09-30
DISTRIBUTED for Conference of 10/15/2021.
2021-09-29
Reply of petitioner Gerald Scott filed. (Distributed)
2021-09-15
Brief of respondent United States in opposition filed.
2021-08-11
Motion to extend the time to file a response is granted and the time is further extended to and including September 15, 2021.
2021-08-10
Motion to extend the time to file a response from August 16, 2021 to September 15, 2021, submitted to The Clerk.
2021-07-08
Motion to extend the time to file a response is granted and the time is further extended to and including August 16, 2021.
2021-07-07
Motion to extend the time to file a response from July 16, 2021 to August 16, 2021, submitted to The Clerk.
2021-06-08
Motion to extend the time to file a response is granted and the time is further extended to and including July 16, 2021.
2021-06-07
Motion to extend the time to file a response from June 16, 2021 to July 16, 2021, submitted to The Clerk.
2021-05-17
Brief amici curiae of FAMM and The National Association of Criminal Defense Lawyers filed.
2021-05-13
Motion to extend the time to file a response is granted and the time is extended to and including June 16, 2021.
2021-05-12
Motion to extend the time to file a response from May 17, 2021 to June 16, 2021, submitted to The Clerk.
2021-03-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 17, 2021)

Attorneys

FAMM and The National Association of Criminal Defense Lawyers
Alan Evan SchoenfeldWilmer Cutler Pickering Hale and Dorr LLP, Amicus
Gerald Scott
Matthew B. LarsenFederal Defenders of New York, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent