No. 19-6037

John Anzures v. United States

Lower Court: Tenth Circuit
Docketed: 2019-09-24
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: armed-career-criminal-act categorical-approach commercial-burglary generic-burglary johnson-motion johnson-v-united-states modified-categorical-approach residual-clause sentencing-enhancement stitt-v-united-states taylor-v-united-states
Latest Conference: 2020-02-21 (distributed 2 times)
Question Presented (from Petition)

When a Johnson petitioner would not be an armed career criminal if sentenced today, is it right to endorse the Tenth Circuit's "relevant legal background" analysis which blatantly ignores controlling law or should a court focus instead on a showing that the sentence was possibly predicated on a residual clause that is now unconstitutional as is done in the Fourth and Ninth Circuits?

Question Presented (AI Summary)

Whether a commercial burglary conviction under New Mexico law categorically does not qualify as a violent felony under the Armed Career Criminal Act's enumerated offense clause

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-30
Reply of petitioner John Anzures filed. (Distributed)
2020-01-15
Brief of respondent United States in opposition filed.
2019-12-16
Motion to extend the time to file a response is granted and the time is further extended to and including January 15, 2020.
2019-12-13
Motion to extend the time to file a response from December 16, 2019 to January 15, 2020, submitted to The Clerk.
2019-11-07
Motion to extend the time to file a response is granted and the time is extended to and including December 16, 2019.
2019-11-06
Motion to extend the time to file a response from November 14, 2019 to December 16, 2019, submitted to The Clerk.
2019-10-15
Response Requested. (Due November 14, 2019)
2019-10-10
DISTRIBUTED for Conference of 11/1/2019.
2019-10-07
Letter of October 7, 2019 from counsel for petitioner filed.
2019-10-02
Waiver of right of respondent United States to respond filed.
2019-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 24, 2019)

Attorneys

John Anzures
Alonzo Jose PadillaFederal Public Defender, District of New Mexico, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent