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Raynal King and Howard R. Ross, III v. United States

IFP petition · United States Court of Appeals for the Eighth Circuit, No. 18-2877, 18-2800 · judgment August 11, 2020


GVR'd · October 12, 2021

Question presented

Whether a crime that requires a resulting death categorically includes, as an element, “the use, attempted use, or threatened use of physical force against the person or property of another” under the elements clause of 18 U.S.C. 924(c)(3)(A), even when the offense can be proven without a volitional use of force.

Counsel of record

For petitioner
Dan Goldberg
Federal Public Defender

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 15 2021
    JUDGMENT ISSUED.
  2. Oct 12 2021
    Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Borden v. United States, 593 U. S. ___ (2021).
  3. Sep 16 2021
    DISTRIBUTED for Conference of 10/8/2021.
  4. Aug 27 2021
    Memorandum of respondent United States filed.
  5. Jul 12 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including August 27, 2021.
  6. Jul 09 2021
    Motion to extend the time to file a response from July 14, 2021 to August 27, 2021, submitted to The Clerk.
  7. May 27 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including July 14, 2021.
  8. May 26 2021
    Motion to extend the time to file a response from June 14, 2021 to July 14, 2021, submitted to The Clerk.
  9. May 06 2021
    Motion to extend the time to file a response is granted and the time is extended to and including June 14, 2021.
  10. May 05 2021
    Motion to extend the time to file a response from May 13, 2021 to June 14, 2021, submitted to The Clerk.
  11. Apr 13 2021
    Response Requested. (Due May 13, 2021)
  12. Apr 08 2021
    DISTRIBUTED for Conference of 4/23/2021.
  13. Apr 05 2021
    Waiver of right of respondent United States of America to respond filed.
  14. Mar 25 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 30, 2021)