No. 19-7074

Victor J. Stitt, II v. United States

Lower Court: Sixth Circuit
Docketed: 2019-12-27
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: armed-career-criminal-act burglary criminal-sentencing generic-burglary rehaif rehaif-standard sixth-circuit statutory-interpretation supreme-court-precedent tennessee-law
Key Terms:
JusticiabilityDoctri
Latest Conference: 2020-03-27
Question Presented (AI Summary)

Whether the Court should grant certiorari, vacate the judgment below, and remand for reconsideration in light of Rehaif v. United States

Question Presented (OCR Extract)

QUESTIONS PRESENTED L Whether the Court should grant certiorari, vacate the judgment below, and remand for reconsideration in light of Rehaif'v. United States, 139 S. Ct. 2191 (2019). IL. The Armed Career Criminal Act’s mandatory penalty can be triggered by prior convictions for “burglary.” “Burglary” carries the meaning that the majority of jurisdictions were giving it in 1986 when the ACCA was enacted. At that time, the majority rule held that to count as burglary an offense must involve an entry by the person or by an instrument being used to commit the felony therein, not merely by an instrument being used to try to make entry. Tennessee law makes the last scenario—the use of an instrument in an attempt to make entry—a burglary. Is Sixth Circuit precedent that counts Tennessee aggravated burglary as a generic burglary in error? ii

Docket Entries

2020-03-30
Petition DENIED.
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2020-02-26
Memorandum of respondent United States of America filed.
2020-01-23
Motion to extend the time to file a response is granted and the time is extended to and including February 26, 2020.
2020-01-22
Motion to extend the time to file a response from January 27, 2020 to February 26, 2020, submitted to The Clerk.
2019-12-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 27, 2020)

Attorneys

United States of America
Noel J. FranciscoSolicitor General, Respondent
Victor Stitt, II
Michael Clark HolleyOffice of the Federal Public Defender, Petitioner