No. 23-5076

David Linehan v. United States

Lower Court: Ninth Circuit
Docketed: 2023-07-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: attempted-use circuit-split criminal-law criminal-solicitation elements-clause federal-felony interstate-commerce mens-rea physical-force
Key Terms:
Immigration JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (from Petition)

Whether "attempted use" in the elements clause means taking a substantial step toward the use of physical force plus the specific intent to use such force.

Question Presented (AI Summary)

Whether 'attempted use' in the elements clause means taking a substantial step toward the use of physical force plus the specific intent to use such force

Docket Entries

2023-10-02
Petition DENIED.
2023-07-20
DISTRIBUTED for Conference of 9/26/2023.
2023-07-14
Waiver of right of respondent United States of America to respond filed.
2023-07-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 10, 2023)
2023-04-27
Application (22A943) granted by Justice Kagan extending the time to file until July 9, 2023.
2023-04-24
Application (22A943) to extend the time to file a petition for a writ of certiorari from May 10, 2023 to July 9, 2023, submitted to Justice Kagan.

Attorneys

David Linehan
Andrew Brian TalaiFederal Public Defender's Office, C.D. California, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent