No. 19-7324

Lonnie Greer, Jr. v. United States

Lower Court: Sixth Circuit
Docketed: 2020-01-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act categorical-approach criminal-procedure different-occasions generic-burglary recklessness sentencing sentencing-enhancement sentencing-judge sixth-amendment sixth-circuit sixth-circuit-precedent statutory-interpretation
Latest Conference: 2020-02-21
Question Presented (from Petition)

1) Whether Sixth Circuit precedent that counts Tennessee aggravated burglary
as "generic burglary" for purposes of the Armed Career Criminal Act is in
error given that:

a. a mere attempt of generic burglary could result in conviction under
Tennessee law.

b. under Tennessee law, the offense can be committed with mere
recklessness.

2) Whether the "different occasions" requirement under the Armed Career
Criminal Act is an element for the jury to decide or can it be decided by the
sentencing judge?

3) Assuming the sentencing judge can decide the issue, whether the sentencing
judge can consider whatever evidence happens to be contained in certain
conviction records or must limit consideration to facts that previously either
the jury necessarily found or the defendant necessarily admitted?

Question Presented (AI Summary)

Whether Tennessee aggravated burglary qualifies as 'generic burglary' under the Armed Career Criminal Act

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-27
Waiver of right of respondent United States of America to respond filed.
2020-01-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 18, 2020)

Attorneys

Lonnie Greer
Thomas R. Scott Jr.Street Law Firm, LLP, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent