No. 21-8051
Michael Rivera Delgado v. United States
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. Lechman — Lechman Law Group, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent