No. 19-7115
Alexander Faulkner v. United States
Response WaivedIFP
Tags: acca burglary burglary-definition categorical-approach criminal-law criminal-statute elements-clause generic-burglary sentencing sentencing-enhancement state-law statutory-interpretation supreme-court
Latest Conference:
2020-01-24
Question Presented (from Petition)
Generic burglary must be committed in a building or structure. For non buildings like vehicles to qualify as a structure, this Court has required that the structure be adapted or customarily used for overnight accommodation. Indiana burglary covers breaking into an outdoor, fenced-in area that does not enclose or adjoin a building and that is not adapted or customarily used for either overnight accommodation or for conducting business inside it. Does an Indiana burglary conviction qualify as generic burglary?
Question Presented (AI Summary)
Does an Indiana burglary conviction qualify as generic burglary?
Docket Entries
2020-01-27
Petition DENIED.
2020-01-09
DISTRIBUTED for Conference of 1/24/2020.
2020-01-07
Waiver of right of respondent United States of America to respond filed.
2019-12-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 30, 2020)
Attorneys
Alexander Faulkner
United States of America
Noel J. Francisco — Solicitor General, Respondent