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Ralph Stephen Gambina v. United States
IFP petition · United States Court of Appeals for the Ninth Circuit, No. 17-56308 · judgment November 17, 2020
Questions presented
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Whether a § 2255 motion filed within one year of Johnson v. United States, claiming that Johnson invalidates the residual clause of the pre-Booker career offender guideline, asserts a “right . . . initially recognized” in Johnson for timeliness purposes under 28 U.S.C. § 2255(f)(3).
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Whether federal bank robbery and extortion under 18 U.S.C. § 2113(a) and (d) be a crime of violence under the elements clause of 18 U.S.C. § 924(c)(3)(A), where the offense fails to require any intentional use, attempted use, or threat of violent physical force?
Counsel of record
For petitioner
Brianna Fuller Mircheff
Office of the Federal Public Defender
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 04 2021Petition DENIED.
- Jul 08 2021DISTRIBUTED for Conference of 9/27/2021.
- Jun 21 2021Memorandum of respondent United States of America filed.
- May 18 2021Motion to extend the time to file a response is granted and the time is extended to and including June 18, 2021.
- May 17 2021Motion to extend the time to file a response from May 19, 2021 to June 18, 2021, submitted to The Clerk.
- Apr 14 2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 19, 2021)