No. 20-7943

Tyquez Ursery v. United States

Lower Court: Sixth Circuit
Docketed: 2021-05-05
Status: Denied
Type: IFP
IFP
Tags: armed-career-criminal-act attempted-burglary generic-burglary james-v-united-states sentencing-enhancement sixth-circuit statutory-interpretation united-states-v-gloss violent-felony
Key Terms:
Environmental SocialSecurity Immigration
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Does Tennessee's aggravated burglary statute qualify as a 'generic burglary' under the Armed Career Criminal Act?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The questions presented are: 1. Does Tennessee’s aggravated burglary statute, which defines “entry” so broadly as to encompass mere attempted burglary, qualify as a “generic burglary” under the Armed Career Criminal Act, 18 U.S.C. § 924(e) (the “ACCA”)? Does the Sixth Circuit’s decision holding that Tennessee burglary does qualify conflict with James v. United States, 550 U.S. 192, 200 (2007)? 2. Was the Sixth Circuit’s decision in United States v. Gloss, 661 F.3d 317 (6th Cir. 2011) wrongly decided and were Mr. Ursery’s facilitation convictions wrongly deemed ACCA “violent felony” predicate offenses? 3. Should Mr. Ursery’s two facilitation of attempted especially aggravated robbery convictions should count as separate ACCA predicate offenses even when that requires reliance on non-elemental facts? ii

Docket Entries

2021-10-04
Petition DENIED.
2021-07-22
DISTRIBUTED for Conference of 9/27/2021.
2021-07-16
Reply of petitioner Tyquez Ursery filed.
2021-07-06
Memorandum of respondent United States filed.
2021-06-07
Motion to extend the time to file a response is granted and the time is extended to and including July 6, 2021.
2021-06-04
Motion to extend the time to file a response from June 4, 2021 to July 6, 2021, submitted to The Clerk.
2021-05-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 4, 2021)

Attorneys

Tyquez Ursery
Caryll Stephanie AlpertFederal Public Defender, Petitioner
Caryll Stephanie AlpertFederal Public Defender, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent