No. 18-6317

Desmond DeWayne Turner v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-10-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act burglary categorical-approach eleventh-circuit mathis-standard mathis-v-united-states predicate-offense sentencing united-states-v-ovalles
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2018-11-09
Question Presented (AI Summary)

Whether the Eleventh Circuit Court of Appeals erred in finding that the convictions for Burglary in the first degree under Alabama law qualified as a predicate offense under the Armed Career Criminal Act

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether the Eleventh Circuit Court of Appeals erred in finding that the . convictions for Burglary in the first degree under Alabama law qualified as a ~ predicate offense under the Armed Career Criminal Act pursuant to Mathis v. United States, _ US. , 136S.Ct. 2243, 195 L.Ed.2d 604 (2016) and that imposing the Act caused him to receive an unreasonable sentence. Whether this Court should grant the Petition for Certiorari and remand the case to the Eleventh Circuit Court of Appeals to revisit Turner’s conviction and sentence in light of the Eleventh Circuit’s opinion in Ovalles v. United States , 17-10172, released October 4, 2018, wherein it overturned its own case, United States v. McGuire, 706 F. 3d 1333(1 1th Cir. 2013), and followed the conduct based approach (as used in the Second Circuit) rather than the categorical approach involving 18 » U.S.C 924(c) as it did in this case. i THE PARTIES The caption in this case contains the name of all parties. ii

Docket Entries

2018-11-13
Petition DENIED.
2018-10-25
DISTRIBUTED for Conference of 11/9/2018.
2018-10-22
Waiver of right of respondent United States to respond filed.
2018-10-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 14, 2018)

Attorneys

Desmond DeWayne Turner
Desmond DeWayne Turner — Petitioner
Desmond DeWayne Turner — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent