No. 23-5309

Jerome Stanley Carlos, Jr. v. United States

Lower Court: Ninth Circuit
Docketed: 2023-08-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeals certificate-of-appealability circuit-court-review criminal-law criminal-statute due-process force-clause habeas-corpus sentencing sentencing-enhancement statutory-interpretation
Latest Conference: 2023-09-26
Question Presented (from Petition)

1. By denying Petitioner's defacto motion to expand the Certificate of Appealability, did the Ninth Circuit Court of Appeals err in holding that 18 U.S.C. § 113(a)(3) is a "crime of violence" under the "force clause" of 18 U.S.C. § 924(c)(3)?

Question Presented (AI Summary)

Whether the Ninth Circuit erred in holding that 18 U.S.C. § 113(a)(3) is a 'crime of violence' under the 'force clause' of 18 U.S.C. § 924(c)(3)

Docket Entries

2023-10-02
Petition DENIED.
2023-08-17
DISTRIBUTED for Conference of 9/26/2023.
2023-08-15
Waiver of right of respondent United States to respond filed.
2023-08-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2023)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent