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Marlon Haight v. United States

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 16-3123 ,17-3002 · judgment June 22, 2018

Certiorari denied · January 7, 2019

Pre-decision estimate: 29% cert probability (95% interval 19%–42%)

Before the decision, about 7.1× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a D.C. Circuit decision below, and a circuit split argued in the petition.

Question presented

Under the Armed Career Criminal Act, 18 U.S.C. § 924(e), a defendant convicted of violating 18 U.S.C. § 922(g) who has three previous convictions for a serious drug offense or violent felony is subject to a fifteen-year mandatory minimum term of imprisonment. D.C. Code § 22-402 provides “every person convicted . . . of an assault with a dangerous weapon, shall be sentenced to imprisonment for not more than 10 years.” The D.C. Court of Appeals has held that the crime of assault with a dangerous weapon can be committed with a reckless mens rea. See Vines v. United States, 70 A.3d 1170, 1180 (D.C. 2013). The question presented is whether a criminal offense with a reckless mens rea qualifies as a “violent felony” under the Armed Career Criminal Act, 18 U.S.C. § 924(e).

Counsel of record

For petitioner
Ishan Kharshedji Bhabha
Jenner and Block LLP

For respondent
Noel John Francisco
Jones Day

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Order
Order list, January 7, 2019 · Certiorari denied

Proceedings

Jan 07 2019
Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
Dec 19 2018
DISTRIBUTED for Conference of 1/4/2019.
Dec 18 2018
Reply of petitioner Marlon Haight filed.
Dec 13 2018
Brief of respondent United States in opposition filed.
Nov 14 2018
Motion to extend the time to file a response is granted and the time is further extended to and including December 13, 2018.
Nov 13 2018
Motion to extend the time to file a response from November 13, 2018 to December 13, 2018, submitted to The Clerk.
Oct 11 2018
Response Requested. (Due November 13, 2018)
Oct 10 2018
DISTRIBUTED for Conference of 10/26/2018.
Oct 03 2018
Waiver of right of respondent United States to respond filed.
Sep 20 2018
Petition for a writ of certiorari filed. (Response due October 22, 2018)