Avery v. United States
Petition for certiorari denied on January 19, 2021
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
- Petitions of the week: Deadlines for attorneys fees, the elements of burglary and more (Andrew Hamm, October 23, 2020)
| Date | Proceedings and Orders |
|---|---|
| 09/25/2020 | Petition for a writ of certiorari filed. (Response due October 29, 2020) |
| 10/14/2020 | Waiver of right of respondent United States to respond filed. |
| 10/21/2020 | DISTRIBUTED for Conference of 11/6/2020. |
| 10/22/2020 | Response Requested. (Due November 23, 2020) |
| 11/18/2020 | Motion to extend the time to file a response from November 23, 2020 to December 23, 2020, submitted to The Clerk. |
| 11/19/2020 | Motion to extend the time to file a response is granted and the time is extended to and including December 23, 2020. |
| 12/23/2020 | Brief of respondent United States in opposition filed. |
| 12/28/2020 | Waiver of the 14-day waiting period under 15.5 filed. |
| 12/30/2020 | DISTRIBUTED for Conference of 1/15/2021. |
| 12/30/2020 | Reply of petitioner James Avery, Jr. filed. (Distributed) |
| 01/19/2021 | Petition DENIED. |