No. 22-5477

Tracey L. Brown v. United States

Lower Court: Ninth Circuit
Docketed: 2022-08-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-offender case-law circuit-split criminal-appeal criminal-procedure due-process hobbs-act jurisdiction ninth-circuit sentencing sentencing-guidelines
Key Terms:
HabeasCorpus Securities
Latest Conference: 2022-10-07
Question Presented (AI Summary)

Should the Ninth Circuit's decision be vacated due to vacated case law?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Should the decision by the Ninth Circuit to deny Mr. Brown’s appeal be vacated when said decision was based upon case law that was vacated by this Court in June of 2022? 2. Did the Ninth Circuit err in ruling that Hobbs Act robbery is not a “crime of violence” under the Career Offender provision, in conflict with the Third, Fourth, Sixth, Seventh, Tenth and Eleventh Circuits? 3. Did the Ninth Circuit err by not taking into consideration the impact of Amendment 798 to the United States Sentencing Guidelines on Mr. Brown’s sentencing? i

Docket Entries

2022-10-11
Petition DENIED.
2022-09-15
DISTRIBUTED for Conference of 10/7/2022.
2022-09-09
Waiver of right of respondent United States to respond filed.
2022-08-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 30, 2022)

Attorneys

Tracey L. Brown
Angela Helen DowsCory Reade Dows & Shafer, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent