No. 18-5655

Cory D. Foster v. United States

Lower Court: Third Circuit
Docketed: 2018-08-20
Status: Denied
Type: IFP
IFP
Tags: a question that has split the circuits 10-1 18-usc-924c categorical-approach circuit-split crime-of-violence criminal-law federal-courts federal-criminal-provision federal-sentencing sentencing sentencing-enhancement statutory-definition statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether the categorical approach applies in determining whether an offense is a 'crime of violence' supporting conviction under 18 U.S.C. § 924(c)

Question Presented (OCR Extract)

QUESTION PRESENTED This Court has consistently held that a “categorical” approach applies when determining whether an offense qualifies as a predicate supporting greater punishment under various federal criminal provisions. Under this approach, qualifying predicates are identified strictly by reference to the offense’s statutory definition, rather than to the particular facts of a defendant’s case. The lower federal courts have at times deviated from the categorical approach, prompting this Court’s intervention to reaffirm it. See, e.g., Descamps v. United States, 570 U.S. 254 (2013). A major deviation occurred here, where the Third Circuit—in conflict with ten other courts of appeals—declined to apply the categorical approach in determining whether an offense qualifies as a predicate “crime of violence” supporting conviction under 18 U.S.C. § 924(c). The question presented is: Whether the categorical approach applies in determining whether an offense is a “crime of violence” supporting conviction under 18 U.S.C. § 924(c), a question that has split the circuits 10-1. i

Docket Entries

2019-01-07
Petition DENIED.
2018-11-29
DISTRIBUTED for Conference of 1/4/2019.
2018-11-24
Reply of petitioner Cory D. Foster filed.
2018-11-19
Brief of respondent United States in opposition filed. (11/26/2018)
2018-10-17
Motion to extend the time to file a response is granted and the time is further extended to and including November 19, 2018.
2018-10-16
Motion to extend the time to file a response from October 19, 2018 to November 19, 2018, submitted to The Clerk.
2018-09-12
Motion to extend the time to file a response is granted and the time is extended to and including October 19, 2018.
2018-09-11
Motion to extend the time to file a response from September 19, 2018 to October 19, 2018, submitted to The Clerk.
2018-08-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 19, 2018)

Attorneys

Cory D. Foster
Karl SchwartzLaw Office of Karl Schwartz, Petitioner
Karl SchwartzLaw Office of Karl Schwartz, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent