No. 19-6128

Bacari McCarthren v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-10-02
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP Experienced Counsel
Tags: aggravated-battery categorical-approach crime-of-violence deadly-weapon descamps descamps-v-united-states mathis physical-force sentencing-guidelines statutory-interpretation turner
Key Terms:
HabeasCorpus
Latest Conference: 2020-01-17 (distributed 2 times)
Question Presented (AI Summary)

Whether the Florida crime of aggravated battery with a deadly weapon categorically requires the use, threatened use, or attempted use of physical force against another person?

Question Presented (OCR Extract)

QUESTION PRESENTED The Florida crime of aggravated battery may qualify as a crime of violence under Section 4B1.2 of the United States Sentencing Guidelines only if the minimum conduct that satisfies the statute involves the “use, attempted use, or threatened use of physical force.” A court must answer that question by way of the categorical approach, but the Eleventh Circuit instead applies a forbidden fact-based path. Why? Because it holds firm to an outdated precedent that has been abrogated by this Court’s jurisprudence in Decamps and Mathis. Under the proper categorical approach, does the Florida crime of aggravated battery with a deadly weapon categorically require the use, threatened use, or attempted use of physical force against another person?

Docket Entries

2020-01-21
Rehearing DENIED.
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-06
Petition for Rehearing filed.
2019-11-12
Petition DENIED.
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-10
Waiver of right of respondent United States to respond filed.
2019-09-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 1, 2019)
2019-07-25
Application (19A97) granted by Justice Thomas extending the time to file until September 28, 2019.
2019-07-19
Application (19A97) to extend the time to file a petition for a writ of certiorari from July 30, 2019 to September 28, 2019, submitted to Justice Thomas.

Attorneys

Bacari McCarthren
Whitman Matthew DodgeFederal Defender Program Inc., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent