No. 21-6760

Deandre Spencer Cotton v. United States

Lower Court: Ninth Circuit
Docketed: 2022-01-04
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: crime-of-violence criminal-law divisibility-inquiry due-process federal-court-certification federalism sentencing sentencing-enhancement sentencing-guidelines state-court-certification state-criminal-statute statutory-interpretation
Key Terms:
HabeasCorpus Jurisdiction
Latest Conference: 2022-02-18
Question Presented (AI Summary)

If a state criminal statute's divisibility is ambiguous when the defendant is convicted in state court, may a federal court later certify its divisibility inquiry to state court and rely on a newly-constructed, non-constitutional judicial interpretation of that state statute to enhance a defendant's federal sentence if the state conviction is final?

Question Presented (OCR Extract)

Questions Presented For Review I. If a state criminal statute’s divisibility is ambiguous when the defendant is convicted in state court, may a federal court later certify its divisibility inquiry to state court and rely on a newly-constructed, non-constitutional judicial interpretation of that state statute to enhance a defendant’s federal sentence if the state conviction is final? Il. Does Nevada’s general intent battery statute, N.R.S. § 200.481, meet the violent physical force and specific intent requirements to qualify as a crime of violence predicate under U.S.8.G. § 4B1.2 given Borden? i

Docket Entries

2022-02-22
Petition DENIED.
2022-01-13
DISTRIBUTED for Conference of 2/18/2022.
2022-01-11
Waiver of right of respondent United States to respond filed.
2021-12-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 3, 2022)

Attorneys

Deandre Cotton
Amy B. ClearyFederal Public Defender, District of Nevada, Petitioner
Amy B. ClearyFederal Public Defender, District of Nevada, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent