No. 18-7127

Christopher French v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-12-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aggravated-burglary armed-career-criminal-act categorical-approach circuit-court-review divisibility non-generic-crime sentencing sentencing-enhancement sixth-circuit statutory-interpretation tennessee-burglary-statute
Key Terms:
HabeasCorpus
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Can a Tennessee Aggravated Burglary conviction serve as an armed Career Criminal Act predicate?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Question One The district court imposed a mandatory sentence based on a Tennessee : . Aggravated Burglary conviction. The Tennessee aggravated burglary statute, however, is an indivisible statute, which identifies a non-generic crime of burglary. See United States v. Stitt, 860 F.3d 854 (6th Cir. 2017)(cert. granted No. 17-765, April 23, 2018). Can a Tennessee Aggravated Burglary conviction serve as an armed Career Criminal Act predicate? Question Two . The rules governing 28 U.S.C. § 2255 proceedings provide that a § 2255 movant's allegations are presumed true. 28 U.S.C. § 2255(b). Although the Eleventh Circuit reversed the district court's denial of the § 2255 motion, when the appeals court remanded the case it ordered the district court to apply a new threshold test that alters the § 2255 movant's burden of proof from that set forth in the statute. May a federal circuit court change a statutory burden of proof? : -i .

Docket Entries

2019-02-19
Petition DENIED.
2019-01-17
DISTRIBUTED for Conference of 2/15/2019.
2019-01-09
Waiver of right of respondent United States to respond filed.
2018-09-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 18, 2019)
2018-08-08
Application (18A141) granted by Justice Thomas extending the time to file until September 15, 2018.
2018-07-24
Application (18A141) to extend the time to file a petition for a writ of certiorari from August 1, 2018 to September 15, 2018, submitted to Justice Thomas.

Attorneys

Christopher French
Christopher French — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent