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Denard Stokeling v. United States

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 16-12951 · judgment April 6, 2017

Decided · January 15, 2019

Question presented

Is a state robbery offense that includes "as an element" the common law requirement of overcoming "victim resistance" categorically a "violent felony" under the only remaining definition of that term in the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(i)(an offense that "has as an element the use, attempted use, or threatened use of physical force against the person of another"), if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance?

Counsel of record

For petitioner
Brenda Greenberg Bryn
Federal Public Defender

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 4 conferences

Amicus briefs
1 merits
(1 supporting pet./neither)

Argument & decision

Argued October 9, 2018 — Brenda G. Bryn · Frederick Liu. Audio and transcript

Decided January 15, 2019. Opinion by Thomas.

Proceedings

  1. Feb 19 2019
    JUDGMENT ISSUED.
  2. Jan 15 2019
    Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Breyer, Alito, Gorsuch, and Kavanaugh, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Roberts, C. J., and Ginsburg and Kagan, JJ., joined.
  3. Oct 09 2018
    Argued. For petitioner: Brenda G. Bryn, Ft. Lauderdale, Fla. For respondent: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
  4. Sep 04 2018
    Reply of petitioner Denard Stokeling filed. (Distributed)
  5. Aug 14 2018
    Record received from the U.S.D.C. Southern District of Florida. 1 envelope, the record is SEALED.
  6. Aug 07 2018
    Record requested from the U.S.C.A. 11th Circuit.
  7. Aug 07 2018
    Record received from the U.S.D.C. Southern Dist. of FL. (Miami). The record is electronic.
  8. Aug 03 2018
    Brief of respondent United States filed. (Distributed)
  9. Aug 03 2018
    CIRCULATED
  10. Jul 09 2018
    SET FOR ARGUMENT On Tuesday, October 9, 2018
  11. Jun 18 2018
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  12. Jun 11 2018
    Joint appendix filed. (Statement of costs filed)
  13. Jun 11 2018
    Brief of petitioner Denard Stokeling filed.
  14. Apr 24 2018
    Motion for an extension of time to file the briefs on the merits filed.
  15. Apr 24 2018
    Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 11, 2018. The time to file respondent's brief on the merits is extended to and including August 3, 2018.
  16. Apr 02 2018
    Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
  17. Mar 26 2018
    DISTRIBUTED for Conference of 3/29/2018.
  18. Mar 19 2018
    DISTRIBUTED for Conference of 3/23/2018.
  19. Mar 19 2018
    Fourth supplemental brief of petitioner Denard Stokeling filed. (Distributed)
  20. Mar 07 2018
    Third supplemental brief of petitioner Denard Stokeling filed. (Distributed)
  21. Mar 01 2018
    DISTRIBUTED for Conference of 3/16/2018.
  22. Dec 27 2017
    Reply of petitioner Denard Stokeling filed.
  23. Dec 13 2017
    Brief of respondent United States in opposition filed.
  24. Nov 08 2017
    Order further extending time to file response to petition to and including December 13, 2017.
  25. Oct 04 2017
    Order extending time to file response to petition to and including November 13, 2017.
  26. Sep 12 2017
    Response Requested. (Due October 12, 2017)
  27. Aug 31 2017
    Second supplemental brief of petitioner Denard Stokeling filed. (Distributed)
  28. Aug 29 2017
    Supplemental brief of petitioner Denard Stokeling filed. (Distributed)
  29. Aug 24 2017
    DISTRIBUTED for Conference of 9/25/2017.
  30. Aug 16 2017
    Waiver of right of respondent United States to respond filed.
  31. Aug 04 2017
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2017)
  32. Jun 12 2017
    Application (16A1211) granted by Justice Thomas extending the time to file until August 4, 2017.
  33. Jun 06 2017
    Application (16A1211) to extend the time to file a petition for a writ of certiorari from July 5, 2017 to August 4, 2017, submitted to Justice Thomas.