No. 18-6705

Richard A. Jiles v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-11-14
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: armed-career-criminal-act burglary divisibility divisible-statute felon-in-possession georgia georgia-burglary-statute predicate-offense sentencing-enhancement
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Was the Eleventh Circuit correct to find that Mr. Jiles' prior burglary conviction under O.C.G.A. § 16-7-1 was a predicate offense under the ACCA, 18 U.S.C. §924(e)?

Question Presented (OCR Extract)

QUESTION PRESENTED Petitioner Richard A. Jiles was convicted in the U.S. District Court for the Southern District of Georgia of being a felon in possession of a firearm. He was sentenced under the enhanced criminal penalties in the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e) (2014), by virtue of three Georgia predicate convictions, including one for burglary in violation of O.C.G.A. § 16-7-1 (2005). In United States v. Gundy, 842 F.3d 1156 (11 Cir. 2016), a divided panel of the Eleventh Circuit held that the Georgia burglary statute qualified as an ACCA predicate because it is unambiguously a divisible statute. Other courts have concluded otherwise. Accordingly, the question presented is: 1. Was correct to find that Mr. Jiles’ prior burglary conviction under O.C.G.A. § 16-7-1 was a predicate offense under the ACCA, 18 U.S.C. §924(e)? i

Docket Entries

2019-01-07
Petition DENIED.
2018-12-20
DISTRIBUTED for Conference of 1/4/2019.
2018-11-23
Waiver of right of respondent United States to respond filed.
2018-11-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 14, 2018)

Attorneys

Richard Jiles
Howard Walton Anderson IIILaw Office of Howard W. Anderson III, LLC, Petitioner
Howard Walton Anderson IIILaw Office of Howard W. Anderson III, LLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent