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Marrero v. United States

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 on June 27, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-6355 3d Cir. N/A N/A N/A N/A OT 2012

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?

DateProceedings and Orders (key to color coding)
Sep 17 2012Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 22, 2012)
Sep 26 2012Waiver of right of respondent United States to respond filed.
Oct 4 2012DISTRIBUTED for Conference of October 26, 2012.
Oct 16 2012Response Requested . (Due November 15, 2012)
Nov 6 2012Order extending time to file response to petition to and including December 17, 2012.
Dec 14 2012Brief of respondent United States in opposition filed.
Dec 27 2012DISTRIBUTED for Conference of January 11, 2013.
Jan 14 2013DISTRIBUTED for Conference of January 18, 2013.
Jun 25 2013DISTRIBUTED for Conference of June 26, 2013.
Jun 27 2013Motion 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.
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