On Monday at 9:30 a.m. we expect orders ... (click to view)
Editor's Note :
On Monday at 9:30 a.m. we expect orders from the April 18 Conference. On both Tuesday and Wednesday we expect one or more decisions in argued cases; we will be live blogging both days beginning at 9:45 a.m.
Issue: (1) Whether this court should grant certiorari to resolve the circuit split regarding what a sentencing court can consider when applying the modified categorical
Approach? Specifically, some courts of appeals have held that sentencing
courts can consider charging documents and plea colloquies only to
determine which crime the defendant committed when his prior offense
Occurred. Others have held that sentencing courts can also consider those
documents to determine how the defendant committed the prior offense and (2)
whether after the Supreme Court’s decision in Begay v. United States, the question of
whether a crime is a crime of violence depends upon whether the elements require
Conduct which is “violent, purposeful, and aggressive.” Should the analysis of
Begay apply, even if an offense is enumerated in application note 1 to U.S.S.G. § 4b1.2,
the definition section of the career offender guidelines?
Waiver of right of respondent United States to respond filed.
Oct 4 2012
DISTRIBUTED for Conference of October 26, 2012.
Oct 16 2012
Response Requested . (Due November 15, 2012)
Nov 6 2012
Order extending time to file response to petition to and including December 17, 2012.
Dec 14 2012
Brief of respondent United States in opposition filed.
Dec 27 2012
DISTRIBUTED for Conference of January 11, 2013.
Jan 14 2013
DISTRIBUTED for Conference of January 18, 2013.
Jun 25 2013
DISTRIBUTED for Conference of June 26, 2013.
Jun 27 2013
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 Descamps v. United States, 570 U.S. ____ (2013). Justice Alito, with whom Justice Kennedy joins, dissenting.
On Monday at 9:30 a.m. we expect orders from the April 18 Conference. On both Tuesday and Wednesday we expect one or more decisions in argued cases; we will be live blogging both days beginning at 9:45 a.m. This is the first week of the April sitting.
In this five-part interview, Orin Kerr of the George Washington University Law School discusses his background in mechanical engineering and the law; clerking for Justice Anthony M. Kennedy and Judge Leonard I. Garth of the Third Circuit; working in the Computer Crime and Intellectual Property Section of the Department of Justice; and teaching law. Kerr talks about how […]
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