No. 22-6344

Bryshun Genard Furlow v. United States

Lower Court: Fourth Circuit
Docketed: 2022-12-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act categorical-approach controlled-substance-offense criminal-procedure drug-conviction fourth-circuit mandate-rule prior-conviction sentencing-guidelines
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Whether the Fourth Circuit erroneously refused to apply its intervening case law to Furlow's case, incorrectly applying the mandate rule

Question Presented (OCR Extract)

QUESTIONS PRESENTED L Whether the Fourth Circuit erroneously refused to apply its intervening case law to Furlow’s case, incorrectly applying the mandate rule. I. Whether the Fourth Circuit should be required to use the categorical approach, applying the parameters set by this Court, to its determination that a prior conviction is a “serious drug offense” under the Armed Career Criminal Act and a controlled substance offense pursuant to U.S.S.G. §4B1.1. i

Docket Entries

2023-02-21
Petition DENIED.
2023-01-19
DISTRIBUTED for Conference of 2/17/2023.
2023-01-11
Waiver of right of respondent United States of America to respond filed.
2022-12-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 19, 2023)
2022-09-20
Application (22A237) granted by The Chief Justice extending the time to file until December 16, 2022.
2022-09-14
Application (22A237) to extend the time to file a petition for a writ of certiorari from October 17, 2022 to December 16, 2022, submitted to The Chief Justice.

Attorneys

Bryshun Genard Furlow
Kimberly H. AlbroFederal Public Defender's Office, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent