Supreme Court Report

Supreme Court of the United States · Official docket →

Rolando Villarreal v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 19-40811 · judgment December 29, 2020

GVR'd · October 4, 2021

Question presented

I. Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless mental state.1 II Whether reasonable jurists could debate the district court’s decision to dismiss Mr. Villarreal’s motion to vacate. 1 The petitions for a writ of certiorari in Alan Victor Gomez Gomez v. United States, No. 19-5325 (filed July 25, 2019), Jose Lara-Garcia v. United States, No. 19-5763 (filed Aug. 28, 2019), Javier Segovia-Lopez v. United States, No. 19-6025 (filed Sept. 20, 2019), among others, raise the same issue as is raised in this petition with respect to whether Texas’s assault and aggravated assault statutes define an offense that has as an element the use, attempted use or threatened use of physical force.

Counsel of record

For petitioner
Michael Lance Herman
Federal Public Defender

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 05 2021
    JUDGMENT ISSUED.
  2. Oct 04 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. Aug 05 2021
    DISTRIBUTED for Conference of 9/27/2021.
  4. Jul 16 2021
    Memorandum For the United States filed.
    Main DocumentProof of Service
  5. Jun 02 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including July 16, 2021.
  6. Jun 01 2021
    Motion to extend the time to file a response from June 16, 2021 to July 16, 2021, submitted to The Clerk.
    Main Document
  7. May 13 2021
    Motion to extend the time to file a response is granted and the time is extended to and including June 16, 2021.
  8. May 12 2021
    Motion to extend the time to file a response from May 17, 2021 to June 16, 2021, submitted to The Clerk.
    Main Document
  9. Apr 13 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 17, 2021)
    Motion for Leave to Proceed in Forma PauperisPetitionAppendixAppendixAppendixProof of Service