No. 19-5789

Jamar Lynn McMillan v. United States

Lower Court: Third Circuit
Docketed: 2019-09-03
Status: GVR
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: career-offender career-offender-enhancement categorical-approach controlled-substance controlled-substance-offense pennsylvania-law predicate-offense rehaif-v-united-states sentencing-guidelines third-circuit
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-02-28 (distributed 2 times)
Question Presented (AI Summary)

Does the categorical approach apply in determining whether an offense qualifies as a predicate for the career-offender enhancement under the Sentencing Guidelines and, if so, whether Pennsylvania's controlled substance offense satisfies the Guideline definition despite including a broader range of substances and conduct?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Does the categorical approach apply in determining whether an offense qualifies as a predicate for the career-offender enhancement under the Sentencing Guidelines and, if so, whether Pennsylvania’s controlled substance offense satisfies the Guideline definition despite including a broader range of substances and conduct? 2. Should this Honorable Court grant, vacate, and remand to the Third Circuit based on the recent ruling in Rehaif v. United States, 139 8. Ct. 1291 (2019)? i

Docket Entries

2020-04-03
JUDGMENT ISSUED.
2020-03-02
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Rehaif v. United States</i>, 588 U. S. ___ (2019).
2020-02-26
DISTRIBUTED for Conference of 2/28/2020.
2019-11-21
DISTRIBUTED for Conference of 12/6/2019.
2019-11-04
Memorandum of respondent United States filed.
2019-09-25
Motion to extend the time to file a response is granted and the time is extended to and including November 4, 2019.
2019-09-24
Motion to extend the time to file a response from October 3, 2019 to November 4, 2019, submitted to The Clerk.
2019-08-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 3, 2019)

Attorneys

Jamar Lynn McMillan
Frederick William UlrichFederal Public Defender's Office, Petitioner
Frederick William UlrichFederal Public Defender's Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent