No. 23-7173

John Lee Barlow v. United States

Lower Court: Ninth Circuit
Docketed: 2024-04-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: categorical-approach criminal-law felony-classification georgia-law mens-rea recklessness sentencing sentencing-guidelines supreme-court
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2024-05-09
Question Presented (AI Summary)

Whether the Court of Appeals erred in categorically ruling that Mr. Barlow's two 2013 counts of conviction for Georgia aggravated assault constituted 'crimes of violence' under Application Note 1 of U.S.S.G. § 2K2.1 and U.S.S.G. § 4B1.2

Question Presented (from Petition)

QUESTIONS PRESENTED Did the Court of Appeals err when it categorically ruled that Mr. Barlow’s two 2013 counts of conviction for Georgia aggravated assault constituted “crimes of violence” under Application Note | of U.S.S.G. § 2K2.1 and U.S.S.G. § 4B1.2, where both the Supreme Court of Georgia and the Eleventh Circuit have repeatedly held Georgia aggravated assault can be committed recklessly under Mr. Barlow’s exact statute of conviction and where this Court has held “offenses with a mens rea of recklessness do not qualify as violent felonies”. Borden v. United States, 593 U.S. 420, 445 (2021).

Docket Entries

2024-05-13
Petition DENIED.
2024-04-18
DISTRIBUTED for Conference of 5/9/2024.
2024-04-12
Waiver of right of respondent United States to respond filed.
2024-04-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 9, 2024)

Attorneys

John Lee Barlow
John Palmer RhodesFederal Defenders of Montana, Petitioner
John Palmer RhodesFederal Defenders of Montana, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent