No. 18-7621

Jacoby Burns v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-01-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act career-offender categorical-analysis criminal-law elements-clause physical-force sentencing sentencing-guideline sentencing-guidelines statutory-interpretation
Key Terms:
Immigration
Latest Conference: 2019-03-01
Question Presented (AI Summary)

Does a conviction under Georgia's felony obstruction-of-an-officer statute qualify as a 'crime of violence' or 'violent felony'?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW I. Does a conviction under Georgia’s felony statute, OCGA § 16-10-24(b), qualify as either a “crime of violence” under the elements clause of the career offender Sentencing Guideline, USSG § 4B1.2(a)(1), or a “violent felony” under the elements clause of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(2)(b)(i), when under a proper categorical analysis the least of the acts criminalized by § 16-10-24(b) does not require proof of the “use, attempted use, or threatened use of physical force against the person of another”? Il. Does a proper categorical analysis under this Court’s precedent in Johnson v. United States, 559 U.S. 133 (2010), and Moncrieffe v. Holder, 569 U.S. 184 (2013), require an examination of whether the least of the acts criminalized under the statute in question requires proof of the “use, attempted use, or threatened use of physical force against the person of another”? i PARTIES Jacoby Burns is the petitioner, who was the defendant-appellant below. The United States of America is the respondent, who was the plaintiff-appellee below. ii

Docket Entries

2019-03-04
Petition DENIED.
2019-02-14
DISTRIBUTED for Conference of 3/1/2019.
2019-02-07
Waiver of right of respondent United States to respond filed.
2019-01-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2019)

Attorneys

Jacoby Burns
Amy Levin WeilThe Weil Firm, LLC, Petitioner
Amy Levin WeilThe Weil Firm, LLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent