No. 19-7115

Alexander Faulkner v. United States

Lower Court: Eighth Circuit
Docketed: 2019-12-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acca burglary burglary-definition categorical-approach criminal-law criminal-statute elements-clause generic-burglary sentencing sentencing-enhancement state-law statutory-interpretation supreme-court
Key Terms:
JusticiabilityDoctri
Latest Conference: 2020-01-24
Question Presented (AI Summary)

Does an Indiana burglary conviction qualify as generic burglary?

Question Presented (OCR Extract)

QUESTION PRESENTED Generic burglary must be committed in a building or structure. For nonbuildings like vehicles to qualify as a structure, this Court has required that the structure be adapted or customarily used for overnight accommodation. Indiana burglary covers breaking into an outdoor, fenced-in area that does not enclose or adjoin a building and that is not adapted or customarily used for either overnight accommodation or for conducting business inside it. Does an Indiana burglary conviction qualify as generic burglary? i

Docket Entries

2020-01-27
Petition DENIED.
2020-01-09
DISTRIBUTED for Conference of 1/24/2020.
2020-01-07
Waiver of right of respondent United States of America to respond filed.
2019-12-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 30, 2020)

Attorneys

Alexander Faulkner
Robert MeyersOffice of the Federal Defender, District of Minnesota, Petitioner
Robert MeyersOffice of the Federal Defender, District of Minnesota, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent