No. 25-6390
Tags: circuit-split crime-of-violence overbreadth-doctrine sentencing-enhancement state-court-decisions statutory-interpretation
Key Terms:
AdministrativeLaw Immigration
AdministrativeLaw Immigration
Latest Conference:
2026-01-16
Question Presented (from Petition)
Whether a defendant challenging a prior state conviction under the crime of violence definitions must produce actual state court decisions showing non-generic application of a facially overbroad statute—as the Fifth Circuit alone requires—or whether the statutory text suffices to demonstrate overbreadth—as every other circuit holds?
Question Presented (AI Summary)
Whether a defendant challenging a prior state conviction under the crime of violence definitions must produce actual state court decisions showing non-generic application of a facially overbreadth statute, as the Fifth Circuit alone requires, or whether the statutory text suffices to demonstrate overbreadth, as every other circuit holds?
Docket Entries
2026-01-20
Petition DENIED.
2025-12-31
DISTRIBUTED for Conference of 1/16/2026.
2025-12-22
Waiver of United States of right to respond submitted.
2025-12-22
Waiver of right of respondent United States to respond filed.
2025-12-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 15, 2026)
Attorneys
Busch Sereal
Dustin Talbot — Federal Public Defender, Petitioner
United States
D. John Sauer — Solicitor General, Respondent