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.
“I’m expecting a decision that is either all or nothing. And, I expect that the Court will rule that there is a constitutional right that protects same-sex couples’ right to marry.” Kenji Yoshino, Chief Justice Earl Warren Professor of Constitutional Law at New York University School of Law and author most recently of Marriage Equality […]
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Awarded the Webby Award for excellence on the internet.