No. 19-6671

Kyle Dwayne Boleyn v. United States

Lower Court: Eighth Circuit
Docketed: 2019-11-19
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: armed-career-criminal-act categorical-approach due-process eighth-circuit lowest-level-of-conduct serious-drug-offense statutory-interpretation violent-felony
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-02-21
Related Cases: 19-6672 (Vide) 19-6677 (Vide) 19-6687 (Vide) 19-6688 (Vide)
Question Presented (AI Summary)

Whether the determination of a 'serious drug offense' under the Armed Career Criminal Act requires the same categorical approach used in the determination of a 'violent felony' under the Act?

Question Presented (OCR Extract)

QUESTIONS PRESENTED (1) Whether the determination of a “serious drug offense” under the Armed Career Criminal Act requires the same categorical approach used in the determination of a “violent felony” under the Act? (2) Whether the Eighth Circuit properly considered the “lowest level of conduct” as required under this Court’s precedent, and whether any uncertainty in state law should benefit the defendant, as the Fifth Circuit has held?

Docket Entries

2020-02-24
Petition DENIED.
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2019-12-13
Motion to extend the time to file a response is granted and the time is extended to and including January 21, 2020.
2019-12-12
Motion to extend the time to file a response from December 19, 2019 to January 21, 2020, submitted to The Clerk.
2019-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 19, 2019)

Attorneys

Kyle Boleyn
Heather Rae QuickFederal Public Defender Office for the Northern and Southern Districts of Iowa, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent