No. 21-5505

Maurice Lamont Davis v. United States

Lower Court: Fifth Circuit
Docketed: 2021-08-26
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: armed-career-criminal-act burglary-statute categorical-approach demand-for-certainty felon-in-possession felon-status intent-element state-law-interpretation sufficiency-of-evidence
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2021-12-03
Question Presented (AI Summary)

Whether a defendant's trial stipulation that he was a felon at the time he possessed a firearm is sufficient evidence that he knew of his status at the time he possessed a firearm

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Under plenary appellate review, is a defendant’s trial stipulation that he was a felon at the time he possessed a firearm sufficient evidence that he knew of his status at the time he possessed a firearm? 2. 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). 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 this “demand for certainty’ apply to federal courts’ application and interpretation of state-court decisional law? 3. 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 harbor specific intent? i

Docket Entries

2021-12-06
Petition DENIED.
2021-11-10
DISTRIBUTED for Conference of 12/3/2021.
2021-10-27
Memorandum of respondent United States filed.
2021-09-20
Motion to extend the time to file a response is granted and the time is extended to and including October 27, 2021.
2021-09-17
Motion to extend the time to file a response from September 27, 2021 to October 27, 2021, submitted to The Clerk.
2021-08-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 27, 2021)

Attorneys

Maurice Lamont Davis
James Matthew WrightOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent