No. 19-7706

Tommy Adams, Jr. v. United States

Lower Court: Fourth Circuit
Docketed: 2020-02-19
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: career-offender career-offender-guideline controlled-substance controlled-substance-offense controlled-substances criminal-law fourth-circuit modified-categorical-approach sentencing sentencing-guidelines statutory-interpretation taylor-descamps-mathis-precedent taylor-v-united-states
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-05-28 (distributed 2 times)
Question Presented (AI Summary)

Did the Fourth Circuit Court of Appeals incorrectly apply the line of authority from this Court beginning with Taylor v. United States, 495 U.S. 575 (1995) and continuing through Descamps v. United States, 570 U.S. 254 (2013) and Mathis v. United States, 136 S. Ct. 2243 (2016) by using the modified categorical approach to find that Petitioner's South Carolina drug convictions for violating S.C. Code Ann §§ 44-53-370 and 44-53-375 qualified as controlled substance offenses as defined in U.S.S.G. § 4B1.2 for purposes of the career offender guideline found at U.S.S.G. § 4B1.1

Question Presented (from Petition)

QUESTION PRESENTED 1. DID THE FOURTH CIRCUIT COURT OF APPEALS INCORRECTLY APPLY THE LINE OF AUTHORITY FROM THIS COURT BEGINNING WITH TAYLOR V. UNITED STATES, 495 U.S. 575 (1995) AND CONTINUING THROUGH DESCAMPS V. UNITED STATES, 570 U.S. 254 (2013) AND MATHIS V. UNITED STATES, 136 S. CT. 2243 (2016) BY USING THE MODIFIED CATEGORICAL APPROACH TO FIND THAT PETITIONER’S SOUTH CAROLINA DRUG CONVICTIONS FOR VIOLATING S.C. CODE ANN §§ 44-53-370 AND 44-53-375 QUALIFIED AS CONTROLLED SUBSTANCE OFFENSES AS DEFINED IN U.S.S.G. § 4Bl1.2 FOR PURPOSES OF THE CAREER OFFENDER GUIDELINE FOUND AT U.S.S.G. § 4B1.1. i

Docket Entries

2020-06-01
Petition DENIED.
2020-05-12
DISTRIBUTED for Conference of 5/28/2020.
2020-03-12
Rescheduled.
2020-03-05
DISTRIBUTED for Conference of 3/20/2020.
2020-02-27
Waiver of right of respondent United States to respond filed.
2020-02-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 20, 2020)

Attorneys

Tommy Adams, Jr.
Michael Allen MeetzeFederal Public Defender's Office, Petitioner
Michael Allen MeetzeFederal Public Defender's Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent