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Espinoza v. United States

Certiorari Denied

Petition for certiorari denied on April 28, 2014.

Docket No.13-7909
Op. Below5th Cir.

Issue

(1) Whether the Court should resolve the division between the circuits as to whether an offense with a mens rea of recklessness can trigger the sentence enhancement set out in 18 U.S.C. § 924(e)(2)(B)(ii), the residual clause of the Armed Career Criminal Act; and (2) whether an offense that requires only a mens rea of recklessness toward the act causing or risking injury can ever be "purposeful" as that term was used by this Court when interpreting " 924(e)(2)(B)(ii) in Begay v. United States.

Proceedings & orders timeline

Dec 13, 2013
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 21, 2014)
Jan 7, 2014
Order extending time to file response to petition to and including February 12, 2014.
Feb 6, 2014
Order further extending time to file response to petition to and including March 14, 2014.
Mar 14, 2014
Brief of respondent United States in opposition filed.
Mar 24, 2014
Reply of petitioner Daniel Raul Espinoza filed.
Apr 3, 2014
DISTRIBUTED for Conference of April 18, 2014.
Apr 21, 2014
DISTRIBUTED for Conference of April 25, 2014.
Apr 28, 2014
Petition DENIED.

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