David Antoine Luster v. R. M. Wolfe, Warden
HabeasCorpus
Question of Law : In light of Borden v. United States, 141 S.Ct. 1821 (2021), under the categorical approach the element narrow enough to be deemed a "crime of violence" under subsection 924 (c) (3) (A) element clause .18 U.S.G. § 2113(d), is the i t, ; s
Question of Law : § 924 (c) (3) (A)'s element clause language. Did Mr. Luster's Trial and Sentencing Judge, Defendant Attorney and Defendant have the correct understand of the nature of §924(c)(3)(A) at the time of the acceptance of his plea??
Legal Question is: Whether the Armed Bank Robbety charged as a predicate to Mr. Luster's § 924(c)(l)(A)(i) and (ii) convictions [include] a mens rea of [recklessness] or instead [require] purpose or knowledge.
Whether the Armed Bank Robbery charged as a predicate to Mr. Luster's §924(c)(1)(A)(i) and (ii) convictions includes a mens rea of recklessness or instead requires purpose or knowledge