No. 20-7790

Rolando Villarreal v. United States

Lower Court: Fifth Circuit
Docketed: 2021-04-16
Status: GVR
Type: IFP
IFP
Tags: assault-statute criminal-law force-against-person mens-rea reckless-mental-state sentencing statutory-interpretation use-of-force violent-felony
Key Terms:
HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (from Petition)

I. Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless mental state.

II. Whether reasonable jurists could debate the district court's decision to dismiss Mr. Villarreal's motion to vacate.

Question Presented (AI Summary)

Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless mental state

Docket Entries

2021-11-05
JUDGMENT ISSUED.
2021-10-04
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Borden</i> v. <i>United States</i>, 593 U. S. ___ (2021).
2021-08-05
DISTRIBUTED for Conference of 9/27/2021.
2021-07-16
Memorandum For the United States filed.
2021-06-02
Motion to extend the time to file a response is granted and the time is further extended to and including July 16, 2021.
2021-06-01
Motion to extend the time to file a response from June 16, 2021 to July 16, 2021, submitted to The Clerk.
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.
2021-04-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 17, 2021)

Attorneys

Rolando Villarreal
Michael Lance HermanFederal Public Defender, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent