No. 21-7483

Ruben Aguilera v. United States

Lower Court: Fifth Circuit
Docketed: 2022-03-29
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: armed-career-criminal-act criminal-procedure criminal-statute-interpretation divisibility fifth-circuit-interpretation generic-burglary sentencing-enhancement texas-burglary-statute
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-04-22
Question Presented (AI Summary)

Can the Texas burglary statute be the basis for an enhanced sentence under the Armed Career Criminal Act?

Question Presented (OCR Extract)

Question Presented 1. Can the Texas burglary statute — which the Fifth Circuit has held to be indivisible and descriptive of generic burglary — properly be the basis for an enhanced sentence under the Armed Career Criminal Act, given that a person can be convicted under the statute for doing nothing more than entering a storage building with the intent to commit theft? i

Docket Entries

2022-04-25
Petition DENIED.
2022-04-07
DISTRIBUTED for Conference of 4/22/2022.
2022-04-04
Waiver of right of respondent United States to respond filed.
2022-03-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 28, 2022)

Attorneys

Ruben Aguilera
John Andrew KucheraAttorney at Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent