No. 24-5535

Cesar Yoaldo Castillo v. United States

Lower Court: Fourth Circuit
Docketed: 2024-09-12
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: circuit-split criminal-statute federal-assault sentencing-enhancement statutory-interpretation violent-crime
Latest Conference: 2025-01-10
Question Presented (from Petition)

If a VICAR assault is predicated on an underlying state or federal assault offense that does not satisfy 18 U.S.C. § 924(c)'s "crime of violence" definition, can the VICAR assault still qualify as a "crime of violence" under that same definition?

Question Presented (AI Summary)

Whether a VICAR assault can qualify as a 'crime of violence' if the underlying assault does not satisfy 18 U.S.C. § 924(c)'s definition

Docket Entries

2025-01-13
Petition DENIED.
2024-12-05
DISTRIBUTED for Conference of 1/10/2025.
2024-11-14
Brief of respondent United States filed.
2024-11-14
Brief of respondent United States in opposition filed.
2024-10-11
Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2024.
2024-10-10
Motion of United States for an extension of time submitted.
2024-10-10
Motion to extend the time to file a response from October 15, 2024 to November 14, 2024, submitted to The Clerk.
2024-09-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2024)
2024-07-15
Application (24A31) granted by The Chief Justice extending the time to file until September 9, 2024.
2024-07-09
Application (24A31) to extend the time to file a petition for a writ of certiorari from July 25, 2024 to September 9, 2024, submitted to The Chief Justice.

Attorneys

Cesar Yoaldo Castillo
Joshua Brown CarpenterFederal Defenders of Western North Carolina, Inc., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent