No. 21-8051

Michael Rivera Delgado v. United States

Lower Court: Ninth Circuit
Docketed: 2022-06-03
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: armed-career-criminal-act criminal-law predicate-offense sentencing-enhancement statutory-interpretation violent-felony
Latest Conference: 2022-11-04 (distributed 2 times)
Question Presented (from Petition)

Whether the Ninth Circuit's rule in Villavicencio-Burruel, which requires that a prior conviction under California Penal Code § 245(a)(1) constitute a "crime of violence" under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), based on the categorical approach and the residual clause, contradicts subsequent decisions of this Court and creates a circuit split that warrants this Court's review and reversal.

Question Presented (AI Summary)

Whether a crime that is not a violent felony under the Armed Career Criminal Act can serve as a predicate offense for purposes of the Act's sentencing enhancement

Docket Entries

2022-11-07
Petition DENIED.
2022-10-20
DISTRIBUTED for Conference of 11/4/2022.
2022-09-30
Brief of respondent United States in opposition filed.
2022-08-25
Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2022.
2022-08-24
Motion to extend the time to file a response from August 31, 2022 to September 30, 2022, submitted to The Clerk.
2022-08-01
Response Requested. (Due August 31, 2022)
2022-06-16
DISTRIBUTED for Conference of 9/28/2022.
2022-06-09
Waiver of right of respondent United States to respond filed.
2022-05-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 5, 2022)

Attorneys

Michael Delgado
Benjamin P. LechmanLechman Law Group, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent