No. 20-5054

Michael Lance Davis, aka Michael Scott Davis v. United States

Lower Court: Ninth Circuit
Docketed: 2020-07-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: categorical-approach controlled-substance criminal-sentencing distribution manufacturing ninth-circuit possession-with-intent-to-distribute serious-drug-offense statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether Shular v. United States, 140 S. Ct. 779 (2020), abrogates the 'related to' test for whether a state crime qualifies as a serious drug offense

Question Presented (OCR Extract)

Question Presented Whether Shular v. United States, 140 S. Ct. 779 (2020), abrogates the “related to” test for whether a state crime qualifies as a serious drug offense, such that a state crime will qualify as a serious drug offense only if it necessarily requires the defendant to engage in the conduct of manufacturing, distributing, or possessing with intent to distribute or manufacture a controlled substance.

Docket Entries

2020-10-05
Petition DENIED.
2020-07-30
DISTRIBUTED for Conference of 9/29/2020.
2020-07-22
Waiver of right of respondent United States to respond filed.
2020-07-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 13, 2020)

Attorneys

Michael Davis
William Miles PopeFederal Defender Services of Idaho, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent