No. 22-7079

Henry Joseph Stevens v. United States

Lower Court: Fifth Circuit
Docketed: 2023-03-23
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: armed-career-criminal-act criminal-statute due-process federal-courts physical-force state-law state-law-interpretation statutory-interpretation texas-penal-code violent-felony
Latest Conference: 2023-04-14
Question Presented (from Petition)

1. When evaluating whether a state-law offense satisfies the Armed Career Criminal Act's definition of a "violent felony," 18 U.S.C. § 924(e)(2)(B), federal courts often have to interpret and apply state court decisions. Where state-law sources conflict with one another, does the ACCA's "demand for certainty" constrain a federal court's interpretation of state criminal law?

2. Mr. Stevens was previously convicted of robbery under Texas Penal Code § 29.03, a statute that incorporates the definition of robbery from § 29.02 of the Texas Penal Code, which allows conviction when a thief recklessly causes someone to suffer injury or causes someone to fear imminent bodily injury. Does Texas aggravated robbery have "as an element the use, attempted use, or threatened use of physical force against the person of another," 18 U.S.C. § 924(e)(2)(B)?

Question Presented (AI Summary)

Whether the ACCA's demand for certainty constrains a federal court's interpretation of conflicting state-law decisions

Docket Entries

2023-04-17
Petition DENIED.
2023-03-30
DISTRIBUTED for Conference of 4/14/2023.
2023-03-28
Waiver of right of respondent United States to respond filed.
2023-03-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 24, 2023)

Attorneys

Henry Joseph Stevens
Adam Ryan NicholsonOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent