No. 20-6979

Eddie Charles Webb v. United States

Lower Court: Fifth Circuit
Docketed: 2021-01-28
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: armed-career-criminal-act burglary-statute categorical-approach generic-offense intent-element shepard-v-united-states state-law-interpretation taylor-v-united-states
Key Terms:
HabeasCorpus Privacy
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Whether the categorical approach requires federal courts to defer to a state supreme court's interpretation of state law when determining if a prior conviction qualifies as a violent felony under the Armed Career Criminal Act

Question Presented (OCR Extract)

QUESTIONS PRESENTED To decide whether a prior burglary conviction qualifies as a predicate violent felony under the Armed Career Criminal Act, 18 U.S.C. § 924(e), “courts compare the elements of the crime of conviction with the elements of the ‘generic’ version of the listed offense—i.e., the offense as commonly understood.” Mathis v. United States, 136 S. Ct. 2243, 2247 (2016). “[T]he prior crime qualifies as an ACCA predicate if, but only if, its elements are the same as, or narrower than, those of the generic offense.” Jd. This categorical approach” “demand[s] .. . certainty when identifying a generic offense.” Shepard v. United States, 544 U.S. 18, 21 (2005). 1. When applying the categorical approach, federal courts are “bound by” a state supreme court’s “interpretation of state law, including its determination of the elements” of the prior crime. Johnson v. United States, 559 U.S. 133, 1388 (2010); accord James v. United States, 550 U.S. 192, 205-206 (2007). Does “Taylor's demand for certainty” apply to federal courts’ application and interpretation of state-court decisional law? 2. Where a state statute explicitly defines “burglary” in a way that does not require proof of an intent to commit a crime, and thus lacks an element necessary to satisfy Taylor’s generic definition of “burglary,” 18 U.S.C. 924(e)(2)(B)Gi), is that facial overbreadth enough to demonstrate that the crime is non-generic, or must a federal defendant also prove that the state has convicted someone who did not, in fact, harbor specific intent? i

Docket Entries

2021-02-22
Petition DENIED.
2021-02-04
DISTRIBUTED for Conference of 2/19/2021.
2021-02-02
Waiver of right of respondent United States to respond filed.
2021-01-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 1, 2021)

Attorneys

Eddie Charles Webb
James Matthew WrightOffice of the Federal Public Defender, Petitioner
James Matthew WrightOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent