No. 22-7052

Colby Todd Dubose v. United States

Lower Court: Ninth Circuit
Docketed: 2023-03-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: categorical-approach certificate-of-appealability generic-burglary non-permanent-structures oregon-first-degree-burglary overnight-accommodation reasonable-jurists statutory-interpretation stitt-decision stitt-v-united-states
Key Terms:
HabeasCorpus
Latest Conference: 2023-04-14
Question Presented (AI Summary)

Whether Oregon first-degree burglary remains categorically broader than generic burglary after Stitt because it covers non-permanent and mobile structures adapted for carrying on business therein

Question Presented (OCR Extract)

QUESTION PRESENTED In United States v. Stitt, this Court held that generic burglary extends to burglaries of some non-permanent and mobile structures; specifically, those that are “customarily used or adapted for overnight accommodation.” 139 S. Ct. 399, 406-07 (2019). Oregon first-degree burglary, by contrast, covers a broader range of non-permanent and mobile structures; those “adapted for overnight accommodation of persons or for carrying on business therein.” Or. Rev. Stat. § 164.205(1) (emphasis added); Or. Rev. Stat. § 164.225. The question presented here involves the low standard for issuance of a certificate of appealability: Could reasonable jurists debate whether, after Stitt, Oregon first-degree burglary remains categorically broader than generic burglary because the state offense covers non-permanent and mobile structures “adapted . . . for carrying on business therein,” Or. Rev. Stat. § 164.205(1), whereas Stitt’s ruling only reached structures customarily used or adapted for overnight accommodation?

Docket Entries

2023-04-17
Petition DENIED.
2023-03-30
DISTRIBUTED for Conference of 4/14/2023.
2023-03-24
Waiver of right of respondent United States to respond filed.
2023-03-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 20, 2023)

Attorneys

Colby Dubose
Elizabeth Gillingham DailyOregon Federal Public Defender, Petitioner
Elizabeth Gillingham DailyOregon Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent