No. 19-7007

Bryshun Genard Furlow v. United States

Lower Court: Fourth Circuit
Docketed: 2019-12-19
Status: GVR
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: armed-career-criminal-act categorical-approach collateral-challenge controlled-substance-offense due-process fourth-circuit prior-conviction sentencing-guidelines serious-drug-offense state-conviction u.s.s.g.-4b1.1
Key Terms:
DueProcess HabeasCorpus Securities
Latest Conference: 2020-05-28 (distributed 2 times)
Question Presented (AI Summary)

Whether the Fourth Circuit should be required to use the categorical approach, applying the parameters set by this Court, to its determination that a prior conviction is a 'serious drug offense' under the Armed Career Criminal Act and a controlled substance offense pursuant to U.S.S.G. §4B1.1

Question Presented (OCR Extract)

QUESTIONS PRESENTED L Whether the Fourth Circuit should be required to use the categorical approach, applying the parameters set by this Court, to its determination that a prior conviction is a “serious drug offense” under the Armed Career Criminal Act and a controlled substance offense pursuant to U.S.S.G. §4B1.1. Il. Whether this Court should revisit its holding in Custis v. United States, 511 U.S. 485 (1994), as discussed in the dissent in this Court’s Daniels v. United States, 532 U.S. 374, 383 (2001) opinion, to allow collateral challenges under the circumstances present here, where the law created by the Fourth Circuit’s opinion holds that Petitioner was subjected to an unconstitutional state conviction, but he was never afforded the opportunity to challenge the conviction as unconstitutional. i

Docket Entries

2020-07-06
JUDGMENT ISSUED.
2020-06-01
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</i> v. <i>United States</i>, 588 U. S. ___ (2019).
2020-05-12
DISTRIBUTED for Conference of 5/28/2020.
2020-04-30
Reply of petitioner Bryshun Genard Furlow filed.
2020-04-24
Brief of respondent United States of America in opposition filed.
2020-04-13
Motion to extend the time to file a response is granted and the time is further extended to and including April 24, 2020.
2020-04-10
Motion to extend the time to file a response from April 20, 2020 to April 24, 2020, submitted to The Clerk.
2020-03-12
Motion to extend the time to file a response is granted and the time is further extended to and including April 20, 2020.
2020-03-11
Motion to extend the time to file a response from March 19, 2020 to April 20, 2020, submitted to The Clerk.
2020-02-13
Motion to extend the time to file a response is granted and the time is extended to and including March 19, 2020.
2020-02-12
Motion to extend the time to file a response from February 18, 2020 to March 19, 2020, submitted to The Clerk.
2020-01-16
Response Requested. (Due February 18, 2020)
2020-01-08
DISTRIBUTED for Conference of 1/24/2020.
2019-12-30
Waiver of right of respondent United States of America to respond filed.
2019-12-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 21, 2020)
2019-10-10
Application (19A399) granted by The Chief Justice extending the time to file until December 17, 2019.
2019-10-04
Application (19A399) to extend the time to file a petition for a writ of certiorari from October 31, 2019 to December 17, 2019, submitted to The Chief Justice.

Attorneys

Bryshun Genard Furlow
Kimberly H. AlbroFederal Public Defender's Office, Petitioner
Kimberly H. AlbroFederal Public Defender's Office, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent