No. 18-6317

Desmond DeWayne Turner v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-10-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act burglary categorical-approach eleventh-circuit mathis-standard mathis-v-united-states predicate-offense sentencing united-states-v-ovalles
Latest Conference: 2018-11-09
Question Presented (from Petition)

Whether the Eleventh Circuit Court of Appeals erred in finding that the convictions for Burglary in the first degree under Alabama law qualified as a predicate offense under the Armed Career Criminal Act pursuant to Mathis v. United States, U.S. ,136 S.Ct. 2243,195 L.Ed.2d 604 (2016) and that imposing the Act caused him to receive an unreasonable sentence.

Whether this Court should grant the Petition for Certiorari and remand the case to the Eleventh 'Circuit Court of Appeals to revisit Turner's co , nviction and sentence in light of the Eleventh Circuit's opinion in Ovalles v. United States, 17-10172, released October 4, 2018, wherein it overturned its own case, United States v. McGuire, 706 F. 3d 1333(11th Cir. 2013), and followed the conduct based approach (as used in the Second Circuit) rather than the categorical approach involv ing 18 U.S.0 924(c) as it did in this case.

Question Presented (AI Summary)

Whether the Eleventh Circuit Court of Appeals erred in finding that the convictions for Burglary in the first degree under Alabama law qualified as a predicate offense under the Armed Career Criminal Act

Docket Entries

2018-11-13
Petition DENIED.
2018-10-25
DISTRIBUTED for Conference of 11/9/2018.
2018-10-22
Waiver of right of respondent United States to respond filed.
2018-10-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 14, 2018)

Attorneys

Desmond DeWayne Turner
Desmond DeWayne Turner — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent