Whether the categorical approach for determining a crime of violence requires a nuanced analysis of the specific elements of an attempt crime in light of the Supreme Court's decision in United States v. Taylor

No question identified. : 4. The judgment sought to be reviewed was entered on July 5, 2023, anda timely petition for rehearing was filed. The petition for rehearing was denied on August 23, 2023. The unpublished order denying rehearing is attached as Exhibit 2. 5. Under Supreme Court Rules 13.1, 13.3, and 30.1, a petition for a writ of certiorari is currently due to be filed on or before November 21, 2023. This application has been filed at least 10 days before the date a petition would be due. See Sup. Ct. R. 13.5. 6. Petitioner’s counsel is requesting an extension of time because he has not had adequate opportunity to develop the petitioner’s issues for this Court. This case presented the first opportunity for the Seventh Circuit to examine how this Court’s decision in United States v. Taylor, 142 S. Ct. 2015 (2022), affected existing circuit precedent regarding the crime of attempted murder. In doing so, the Seventh Circuit recognized that Taylor abrogated part of its previous decision in United States v. Hill, 877 F.3d 717 (7th Cir. 2017), specifically the portion of Hill that reasoned that “[w]hen a substantive offense would be a [crime of violence]..., an attempt to commit that offense also is a [crime of violence].” Exhibit 1 at 19. However, the Seventh Circuit did not fully implement this Court’s directive in Taylor that an attempt crime does not categorically require proof of violence because the substantial step required to prove an attempt crime “does not require the government to prove that the defendant use, attempted to use, or even threatened to use force against another person or property.” Taylor, 142 S. Ct. at 2020. 7. The issue here is a complex one involving the categorical approach that requires substantial research. Crafting a succinct certiorari petition that distills the facts and the law requires an extensive commitment of time by counsel. Other commitments have until now prevented counsel from devoting the required amount of time. Counsel supervised the preparation and filing of several appellate briefs in the Seventh Circuit. Counsel also supervised preparations for the Federal Defender Program’s review of over 700 files to determine whether those individuals are eligible for relief under the retroactive sections of Amendment 821 to the United States Sentencing Guidelines. The results of that review will require the filing of numerous motions over the next several months. Wherefore, it is respectfully requested that an extension of time to file a petition for writ of certiorari be granted from the present due date of November 21, 2023, to January 22, 2024. Dated this 8th day of November, 2023, at Chicago, Illinois Respectfully submitted, FEDERAL DEFENDER PROGRAM John F. Murphy Executive Director By: s/ Geoffrey M. Meyer Geoffrey M. Meyer Appellate Chief Federal Defender Program 55 East Monroe Street, Suite 2800 Chicago, Illinois 60603 (312) 621-8300