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Avery v. United States

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Petition for certiorari denied on January 19, 2021
Docket No. Op. Below Argument Opinion Vote Author Term
20-400 11th Cir. N/A N/A N/A N/A OT 2020

Issue: Whether a state burglary statute that disjunctively lists places that may be burgled under the statute is divisible for purposes of a sentence enhancement under the Armed Career Criminal Act, even though the statutory list is not exclusive and does not require the jury to agree that the defendant burgled any particular listed place.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 25 2020Petition for a writ of certiorari filed. (Response due October 29, 2020)
Oct 14 2020Waiver of right of respondent United States to respond filed.
Oct 21 2020DISTRIBUTED for Conference of 11/6/2020.
Oct 22 2020Response Requested. (Due November 23, 2020)
Nov 18 2020Motion to extend the time to file a response from November 23, 2020 to December 23, 2020, submitted to The Clerk.
Nov 19 2020Motion to extend the time to file a response is granted and the time is extended to and including December 23, 2020.
Dec 23 2020Brief of respondent United States in opposition filed.
Dec 28 2020Waiver of the 14-day waiting period under 15.5 filed.
Dec 30 2020DISTRIBUTED for Conference of 1/15/2021.
Dec 30 2020Reply of petitioner James Avery, Jr. filed. (Distributed)
Jan 19 2021Petition DENIED.