No. 19-7549

Gerard Cliston Ellis v. United States

Lower Court: Eighth Circuit
Docketed: 2020-02-04
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: aiding-and-abetting categorical-approach circuit-split criminal-procedure due-process eighth-circuit fifth-circuit lowest-level-conduct lowest-level-of-conduct state-law
Key Terms:
SocialSecurity Immigration
Latest Conference: 2020-03-27
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

2020-03-30
Petition DENIED.
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2020-03-05
Waiver of right of respondent United States to respond filed.
2020-01-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 5, 2020)

Attorneys

Gerard Ellis
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
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent