No. 21-5975
Modesto Balderas v. United States
Tags: armed-career-criminal-act borden-v-united-states criminal-procedure records-of-conviction sentencing sentencing-enhancement simple-robbery texas-penal-code violent-felony
Latest Conference:
2022-01-14
Question Presented (from Petition)
Whether the Texas offense of Simple Robbery, Tex. Penal Code §29.02(a) constitutes a "violent felony" under the Armed Career Criminal Act, 18 U.S.C. §924(e)(2)(B), where the sentencing court has before it no records of the prior conviction ?
Question Presented (AI Summary)
Whether the Texas offense of Simple Robbery, Tex. Penal Code §29.02(a) constitutes a 'violent felony' under the Armed Career Criminal Act, 18 U.S.C. §924(e)(2)(B), where the sentencing court has before it no records of the prior conviction?
Docket Entries
2022-01-18
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 Borden v. United States, 593 U. S. ___ (2021)..
2021-12-30
DISTRIBUTED for Conference of 1/14/2022.
2021-12-15
Memorandum of respondent United States filed.
2021-11-10
Motion to extend the time to file a response is granted and the time is extended to and including December 15, 2021.
2021-11-09
Motion to extend the time to file a response from November 15, 2021 to December 15, 2021, submitted to The Clerk.
2021-10-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2021)
Attorneys
Modesto Balderas
Kevin Joel Page — Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent