No. 21-8062

Bryant Love v. United States

Lower Court: Seventh Circuit
Docketed: 2022-06-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-924 armed-career-criminal-act categorical-approach criminal-sentencing federal-sentencing modified-categorical-approach sentencing-enhancement state-supreme-court statutory-interpretation violent-felony
Latest Conference: 2022-09-28
Question Presented (from Petition)

When applying the categorical and modified categorical approach sentencing courts are instructed to use a states statutory definition df it's elements to determine if the statute "meets the definition of violent felony," in 18 U.S.C. 924(e) (2)(B)(i); Armed Career Criminal Act."

When a state statutory definition is found to be ambiguous by the state supreme court, can a sentencing court apply a federal sentencing enhancement to a offenders sentence using the ambiguous definition ?

Put alternatively, must a sentencing court give deference to a state supreme courts' interpretation of it's statutory definition clarifying that definition when applying federal sentencing enhancements such as the ACCA ?

Question Presented (AI Summary)

When applying the categorical and modified categorical approach sentencing courts are instructed to use a state's statutory definition to determine if the statute meets the definition of 'violent felony,' in 18 U.S.C. 924(e)(2)(B)(i); Armed Career Criminal Act.

Docket Entries

2022-10-03
Petition DENIED.
2022-06-16
DISTRIBUTED for Conference of 9/28/2022.
2022-06-10
Waiver of right of respondent United States to respond filed.
2022-05-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 6, 2022)

Attorneys

Bryant Love
Bryant Love — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent