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Smith v. United States

Certiorari Denied

Petition for certiorari denied on November 15, 2021.

Docket No.21-496
Op. Below7th Cir.

Issue

(1) Whether the categorical approach for generic offenses applies to the offense of conspiring under U.S.S.G. " 4B1.2 Application Note 1 and requires an overt act element; and (2) whether U.S.S.G. " 4B1.2 Application Note 1 is a valid and controlling interpretation of that guideline.

Proceedings & orders timeline

Jul 30, 2021
Motion (21M12) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
Jul 30, 2021
Petition for a writ of certiorari filed. (Response due November 3, 2021)
Aug 4, 2021
MOTION (21M12) DISTRIBUTED for Conference of 9/27/2021.
Oct 4, 2021
Motion (21M12) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
Oct 21, 2021
Waiver of right of respondent United States to respond filed.
Oct 27, 2021
DISTRIBUTED for Conference of 11/12/2021.
Nov 9, 2021
Supplemental brief of petitioner Martez L. Smith filed. (Distributed)
Nov 15, 2021
Petition DENIED.

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