No. 19-6688

Robert Joseph Fisher v. United States

Lower Court: Eighth Circuit
Docketed: 2019-11-20
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: categorical-approach circuit-split eighth-amendment eighth-circuit fifth-circuit lowest-level-of-conduct rule-of-lenity state-law statutory-interpretation
Key Terms:
SocialSecurity Immigration
Latest Conference: 2020-02-21
Related Cases: 19-6671 (Vide) 19-6672 (Vide) 19-6677 (Vide) 19-6687 (Vide)
Question Presented (AI Summary)

Whether the Eighth Circuit properly considered the 'lowest level of conduct' as required under this Court's precedent for the categorical approach, and whether any uncertainty in state law should benefit the defendant, as the Fifth Circuit has held?

Question Presented (OCR Extract)

QUESTION PRESENTED (1) Whether the Eighth Circuit properly considered the “lowest level of conduct” as required under this Court’s precedent for the categorical approach, 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 20, 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 20, 2019)

Attorneys

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