No. 21-5998

In Re Anthony Terry

Lower Court: N/A
Docketed: 2021-10-19
Status: Denied
Type: IFP
IFP
Tags: armed-career-criminal-act career-offender circuit-precedent circuit-split criminal-procedure elements-clause mens-rea sentencing-guidelines statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2021-11-05
Question Presented (AI Summary)

Whether Borden's substantive interpretation of statute should be extended to Terry in light of the fact that Eleventh Circuit precedent prevents him from raising a Borden claim in the Eleventh Circuit

Question Presented (OCR Extract)

Questions Presented In a previous holding (Borden v United States, 141 $.Ct. 1817 (2021)), this Court determined that a mens rea element of "knowing and purposeful" is required to trigger the "elements clause" under the Armed Career Criminal Act. At similar time, this Court remanded back to the Tenth: Circuit Ash.v United States, No. 18-9639 (U.S. June 21 2021); dealing with the applicability of Borden to the Sentencing Guidelines Career Offender Section, to determine whether the same issue applies there. The Questions Presented in this petition are: : 1) Whether Borden's substantive interpretation of statute should be extended to Terry in light of the fact that Eleventh Circuit precedent prevents him from raising a Borden ‘ claim in the Eleventh Circuit. . i

Docket Entries

2021-11-08
Petition DENIED.
2021-10-21
DISTRIBUTED for Conference of 11/5/2021.
2021-09-15
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Anthony Terry
Anthony Terry — Petitioner