No. 18-7263

Gerald Patmon v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-01-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: categorical-approach crime-of-violence criminal-sentencing deadly-weapon eleventh-circuit enumerated-offenses georgia-assault-statute gonzales-v-duenas-alvarez overbreadth sentencing-guidelines state-statute statutory-interpretation
Key Terms:
Immigration
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether the Court of Appeals for the Eleventh Circuit erroneously affirmed Mr. Patmon's sentence under USSG § 2K2.1 based on its determination that Georgia aggravated assault with a deadly weapon under O.C.G.A. § 16-5-21(b)(2) is a 'crime of violence' under the enumerated offenses clause of the Sentencing Guidelines

Question Presented (OCR Extract)

question presented by this case is whether the Court of Appeals for the Eleventh Circuit erroneously affirmed Mr. Patmon’s sentence under USSG § 2K2.1 based on its determination that Georgia aggravated assault with a deadly weapon under O.C.G.A. § 16-5-21(b)(2) is a “crime of violence” under the enumerated offenses clause of the Sentencing Guidelines. In doing so, the Eleventh Circuit cited to its prior precedent in United States v. Morales-Alonso, 878 F.3d 1311 (11th Cir. 2018), rejecting the argument that the Georgia statutory definition of “deadly weapon” could be overbroad based on the plain language of the statute and a proffered hypothetical instead of a specific state case. Thus, this case presents the following broad question: () Under Gonzales v. Duenas-Alvarez, 549 U.S. 189 (2007), must a defendant always identify a state case to establish the least culpable conduct criminalized by a statute, or can the plain language of the statute itself establish the statute’s breadth? i

Docket Entries

2019-02-19
Petition DENIED.
2019-01-24
DISTRIBUTED for Conference of 2/15/2019.
2019-01-18
Waiver of right of respondent United States of America to respond filed.
2019-01-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2019)

Attorneys

Gerald Patmon
Danli SongFederal Public Defender, Petitioner
Danli SongFederal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent