No. 24-5042

Carlos Emanuel Kinard v. United States

Lower Court: Fourth Circuit
Docketed: 2024-07-10
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: 18-usc-1959 18-usc-924 assault-definition circuit-split crime-of-violence federal-criminal-law mens-rea racketeering-enterprise vicar-statute
Latest Conference: 2024-10-11
Question Presented (from Petition)

If the state or federal crime incorporated into an 18 U.S.C. § 1959(a)(3) conviction categorially does not meet the 18 U.S.C. § 924(c) definition of a "crime of violence," can the VICAR conviction itself nonetheless meet the "crime of violence" definition?

Question Presented (AI Summary)

If the state or federal crime incorporated into an 18 U.S.C. § 1959(a)(3) conviction categorially does not meet the 18 U.S.C. § 924(c) definition of a 'crime of violence,' can the VICAR conviction itself nonetheless meet the 'crime of violence' definition?

Docket Entries

2024-10-15
Petition DENIED.
2024-09-26
DISTRIBUTED for Conference of 10/11/2024.
2024-09-09
Brief of United States of America in opposition submitted.
2024-09-09
Brief of respondent United States of America in opposition filed.
2024-09-09
Brief of respondent United States in opposition filed.
2024-08-02
Motion to extend the time to file a response is granted and the time is extended to and including September 9, 2024
2024-08-01
Motion of United States of America for an extension of time submitted.
2024-08-01
Motion to extend the time to file a response from August 9, 2024 to September 9, 2024, submitted to The Clerk.
2024-07-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 9, 2024)

Attorneys

Carlos Kinard
Eric Joseph BrignacOffice of the Federal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent