Supreme Court of the United States · Official docket →
Gerald Scott v. United States
IFP petition · United States Court of Appeals for the Second Circuit, No. 18-163 · judgment March 2, 2021
Question presented
In most states, physical inaction can be criminal. But an oft-invoked provision of federal law is triggered only by crimes that require the “use of physical force against the person or property of another.” In the split en banc decision here, the Second Circuit ruled a crime requiring “no physical action” nonetheless requires “the use of physical force.” The question presented is: Does a crime of physical inaction, in which the inaction is deemed the cause of injury or death, have as an element the “use of physical force against the person of another” under 18 U.S.C. § 924(e)(2)(B)(i) and equivalent provisions at § 16(a), § 924(c)(3)(A) and § 3156(a)(4)(A)? Four circuits say no, six circuits say yes, and one circuit says both.
Counsel of record
For petitioner
Matthew B. Larsen
Federal Defenders of New York
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 1 conference
Amicus briefs
1 cert-stage
Proceedings
- Oct 18 2021Petition DENIED.
- Oct 08 2021Supplemental brief of petitioner Gerald Scott filed. (Distributed)
- Sep 30 2021DISTRIBUTED for Conference of 10/15/2021.
- Sep 29 2021Reply of petitioner Gerald Scott filed. (Distributed)
- Sep 15 2021Brief of respondent United States in opposition filed.
- Aug 11 2021Motion to extend the time to file a response is granted and the time is further extended to and including September 15, 2021.
- Aug 10 2021Motion to extend the time to file a response from August 16, 2021 to September 15, 2021, submitted to The Clerk.
- Jul 08 2021Motion to extend the time to file a response is granted and the time is further extended to and including August 16, 2021.
- Jul 07 2021Motion to extend the time to file a response from July 16, 2021 to August 16, 2021, submitted to The Clerk.
- Jun 08 2021Motion to extend the time to file a response is granted and the time is further extended to and including July 16, 2021.
- Jun 07 2021Motion to extend the time to file a response from June 16, 2021 to July 16, 2021, submitted to The Clerk.
- May 17 2021Brief amici curiae of FAMM and The National Association of Criminal Defense Lawyers filed.
- May 13 2021Motion to extend the time to file a response is granted and the time is extended to and including June 16, 2021.
- May 12 2021Motion to extend the time to file a response from May 17, 2021 to June 16, 2021, submitted to The Clerk.
- Mar 31 2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 17, 2021)