No. 23-6531

Terrance Brown v. United States

Lower Court: Seventh Circuit
Docketed: 2024-01-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: borden-v-united-states career-offender crime-of-violence criminal-conviction criminal-sentencing district-court judicial-review mens-rea sentencing-guidelines statutory-interpretation supreme-court-precedent
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-02-23
Question Presented (AI Summary)

Whether the district court erred in finding that Brown is a career offender under U.S.S.G. §§4B1.1 and 4B1.2, where one of Brown's predicate convictions only required a mens rea of recklessness at the time of commission and thus did not qualify as a 'crime of violence' pursuant to Borden v. United States, 141 S. Ct. 1817 (2021), and where the district court judge specifically stated that he almost certainly would have chosen a lower sentence if the career offender designation did not apply

Question Presented (from Petition)

QUESTION(S) PRESENTED Whether the Aisrcick Cour erced ir Ficding, that Brown IS OQ Career Offender Vader US.S.G UBL and UBI.2., where one Of Boown's Predicate convictions only | FeQuired A MENS CeA Of cecklessness OF the relevant time Of COMMITHON ANd tus did NOX Qualify as a Seeime of violence’ Pursuant +o Borden vu. Gaited Stoves IWS. Gt. ITCZ2021) and lhece the Aistcice Court Judge Specifically stoked tho Ne almmos* certainly would Nove Clnosenr a lower semtence if the career offender designacion does aot apply). —

Docket Entries

2024-02-26
Petition DENIED.
2024-02-08
DISTRIBUTED for Conference of 2/23/2024.
2024-02-02
Waiver of right of respondent United States to respond filed.
2023-09-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 22, 2024)

Attorneys

Terrance Brown
Terrance Brown — Petitioner
Terrance Brown — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent