No. 22-6956

Michael Blake DeFrance v. United States

Lower Court: Ninth Circuit
Docketed: 2023-03-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: all-writs-act appellate-jurisdiction appellate-review categorical-approach civil-procedure domestic-violence final-judgment jurisdiction ninth-circuit standard-of-review statutory-interpretation
Key Terms:
FifthAmendment
Latest Conference: 2023-03-31
Question Presented (AI Summary)

Whether the Ninth Circuit correctly determined that the orders appealed were neither final nor worthy of consideration under the All-Writs Act 18 USC §1651

Question Presented (OCR Extract)

QUESTIONS PRESENTED WHETHER THE NINTH CIRCUIT CORRECTLY DETERMINED THAT THE ORDERS APPEALED WERE NEITHER FINAL NOR WORTHY OF CONSIDERATION UNDER THE ALL-WRITS ACT 18 USC §1651. WHETHER THIS COURT’S DECISIONS IN UNITED STATES v. HAYES, 555 U.S. 415 (2009) AND UNITED STATES y. CASTELMAN, 572 U.S. 157 (2014) ARE IN CONFLICT REGARDING APPLICATION OF THE CATEGORICAL APPROACH TO A PREDICATE DOMESTIC VIOLENCE CONVICTION IN A §922(g)(9) PROSECUTION. AND IF SO, WHICH RULE APPLIES HERE. ii

Docket Entries

2023-04-03
Petition DENIED.
2023-03-16
DISTRIBUTED for Conference of 3/31/2023.
2023-03-13
Waiver of right of respondent United States to respond filed.
2023-03-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 6, 2023)

Attorneys

Michael DeFrance
Michael J. DonahoeFederal Defenders of Montana, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent