No. 18-851

Bryan Christopher Marshall v. United States

Lower Court: Fourth Circuit
Docketed: 2019-01-04
Status: Denied
Type: Paid
Response Waived
Tags: armed-career-criminal-act categorical-approach criminal-sentencing drug-distribution drug-statute due-process federal-law first-amendment law-enforcement predicate-offense sentencing speech-protection statutory-interpretation
Key Terms:
FirstAmendment JusticiabilityDoctri
Latest Conference: 2019-02-15
Question Presented (from Petition)

1. Whether a state drug statute that lists a variety of means by which it can be violated, including one which does not meet the definition of a drug distribution crime, is categorically a predicate offense for purposes of the Armed Career Criminal Act?

2. Whether a crowd protesting police action can remove an individual's speech from the protections of the First Amendment without presenting an immediate threat to law enforcement officers?

Question Presented (AI Summary)

Whether a state drug statute that lists a variety of means by which it can be violated, including one which does not meet the definition of a drug distribution crime, is categorically a predicate offense for purposes of the Armed Career Criminal Act?

Docket Entries

2019-02-19
Petition DENIED.
2019-01-23
DISTRIBUTED for Conference of 2/15/2019.
2019-01-15
Waiver of right of respondent UNITED STATES OF AMERICA to respond filed.
2019-01-02
Petition for a writ of certiorari filed. (Response due February 4, 2019)

Attorneys

BRYAN MARSHALL
Joshua Snow KendrickKendrick & Leonard, P.C., Petitioner
UNITED STATES OF AMERICA
Noel J. FranciscoSolicitor General, Respondent