No. 24-6121

Jason Campion v. United States

Lower Court: Fifth Circuit
Docketed: 2024-12-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof categorical-approach federal-definition overbreadth-doctrine state-prosecution statutory-interpretation
Key Terms:
Immigration
Latest Conference: 2025-01-17
Question Presented (AI Summary)

Whether a defendant must demonstrate an 'actual case' of overbroad prosecution when challenging a state statute under the categorical approach

Question Presented (OCR Extract)

Question Presented When arguing that a state statute is overbroad under the categorical approach, and a particular state statute plainly prohibits actions that are broader than the federal definition, must a defendant bear the burden to show an “actual case” demonstrating that the state had prosecuted someone for non-qualifying conduct? i

Docket Entries

2025-01-21
Petition DENIED.
2025-01-02
DISTRIBUTED for Conference of 1/17/2025.
2024-12-30
Waiver of United States of right to respond submitted.
2024-12-30
Waiver of right of respondent United States to respond filed.
2024-12-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 10, 2025)

Attorneys

Jason Campion
Loui Itoh MokodeanFederal Public Defender's Office , Petitioner
Loui Itoh MokodeanFederal Public Defender's Office , Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent