No. 20-7120

Alfred Montgomery,III v. United States

Lower Court: Fifth Circuit
Docketed: 2021-02-11
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: armed-career-criminal-act categorical-approach criminal-statute-interpretation felon-in-possession generic-burglary plain-error rehaif sentencing-enhancement state-burglary-offense
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (AI Summary)

Whether a state burglary offense is categorically broader than generic burglary under the Armed Career Criminal Act

Question Presented (OCR Extract)

question presented is the same question that is currently before this Court in United States v. Gary, No. 20-444 (cert. granted Jan. 8, 2021). Accordingly, if this Court determines that review of the first question presented is unwarranted, the Court should hold Mr. Montgomery’s petition pending resolution of Gary. i

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2021-04-28
DISTRIBUTED for Conference of 5/13/2021.
2021-04-14
Memorandum of respondent United States filed.
2021-02-24
Motion to extend the time to file a response is granted and the time is extended to and including April 14, 2021.
2021-02-23
Motion to extend the time to file a response from March 15, 2021 to April 14, 2021, submitted to The Clerk.
2021-02-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 15, 2021)

Attorneys

Alfred Montgomery
Celia RhoadsFederal Public Defender - EDLA, Petitioner
Celia RhoadsFederal Public Defender - EDLA, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent