U.S. Court of Appeals for the Sixth Circuit
Carlos Lowe v. United States
Panel
The judges who heard this appeal.
- Judge Bernice Bouie Donald
- Judge Amul Roger Thapar
Case history
-
April 4, 2019decided Decision issued in Carlos Lowe v. United States
Opinions and writings
BERNICE BOUIE DONALD, Circuit Judge. Petitioner-appellant Carlos Lowe appeals the district court's denial of his successive pro se motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. For the reasons more fully explained below, we REVERSE and REMAND th…
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 19a0059p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT CARLOS CLIFFORD LOWE, ┐ Petitioner-Appellant, │ │…
THAPAR, Circuit Judge, concurring. Rape is always violent. Whether a rapist coerces a victim, tricks them, or drugs them, the act of "unlawful sexual penetration" involves violent force. And then there is this case, where Carlos Lowe dragged his victim across a car seat and raped her. No one questions that his act was unlawful, forceful, and violent. Yet, in the categorical-approach world, we cannot call rape w…