No. 22-7692

Gregory Allen Oaks v. United States

Lower Court: Fourth Circuit
Docketed: 2023-06-02
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: armed-career-criminal-act assault-offense circuit-split drunk-driving fourth-circuit mens-rea reckless-mens-rea violent-felony
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-01-05 (distributed 2 times)
Question Presented (AI Summary)

Whether an assault offense that requires a reckless mens rea and is used to prosecute drunk drivers qualifies as a 'violent felony' under the Armed Career Criminal Act

Question Presented (from Petition)

QUESTION PRESENTED In Borden v. United States, 141 S. Ct. 1817 (2021), five Justices of this Court agreed that offenses with a reckless mens rea do not qualify as a “violent felonies” under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)G). Although the Borden plurality identified “drunk driving” as an offense that doesn’t fit within the ordinary meaning of “violent felony,” the Court declined to address whether offenses qualify under the ACCA’s definition of “violent felony.” Does an assault offense that requires an mens rea and is used to prosecute drunk drivers qualify as a “violent felony” under the Armed Career Criminal Act? i

Docket Entries

2024-01-08
Petition DENIED.
2023-11-30
DISTRIBUTED for Conference of 1/5/2024.
2023-11-29
Reply of petitioner Gregory Allen Oaks filed. (Distributed)
2023-11-13
Brief of respondent United States in opposition filed.
2023-10-10
Motion to extend the time to file a response is granted and the time is further extended to and including November 13, 2023.
2023-10-06
Motion to extend the time to file a response from October 13, 2023 to November 13, 2023, submitted to The Clerk.
2023-09-07
Motion to extend the time to file a response is granted and the time is further extended to and including October 13, 2023.
2023-09-06
Motion to extend the time to file a response from September 13, 2023 to October 13, 2023, submitted to The Clerk.
2023-08-09
Motion to extend the time to file a response is granted and the time is extended to and including September 13, 2023.
2023-08-08
Motion to extend the time to file a response from August 14, 2023 to September 13, 2023, submitted to The Clerk.
2023-07-13
Response Requested. (Due August 14, 2023)
2023-06-15
DISTRIBUTED for Conference of 9/26/2023.
2023-06-07
Waiver of right of respondent United States to respond filed.
2023-05-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 3, 2023)
2023-04-03
Application (22A863) granted by The Chief Justice extending the time to file until June 2, 2023.
2023-03-29
Application (22A863) to extend the time to file a petition for a writ of certiorari from April 18, 2023 to June 2, 2023, submitted to The Chief Justice.

Attorneys

Gregory Allen Oaks
Ann Loraine Hester — Petitioner
Ann Loraine Hester — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent