No. 19-8884

Samuel Gray v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-07-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3559 categorical-approach crime-of-violence criminal-law elemental-analysis georgia-robbery prior-convictions recidivism sentencing sentencing-enhancement statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2020-09-29
Question Presented (from Petition)

I. THERE IS A LACK OF CLARITY AND UNANIMITY AMONG LOWER COURTS OF WHETHER A PRIOR GEORGIA ROBBERY CONVICTION CONSTITUTES A "CRIME OF VIOLENCE" FOR ENHANCEMENT PURPOSES

II. THE ISSUES RAISED ARE IMPORTANT AND WORTHY OF THIS COURT'S ATTENTION BECAUSE OTHER SIMILARLY SITUATED DEFENDANT'S AROUND THE COUNTRY HAVE BEEN ENHANCED UNDER 18 U.S.C. §3559 (c) AFTER THE GOVERNMENT EXPLOITED STATEMENTS OF "NON-ELEMENTAL FACTS" IN THE RECORD OF A PRIOR CONVICTION TO INCREASE MAXIMUM STATUTORY PENALTY UNDER 18 U.S.C. §3559 (c)(2)(F), WHEN THE ELEMENT OF THE PRIOR OFFENSE ARE NOT A MATCH WITH THE GENERIC OFFENSE

Question Presented (AI Summary)

Whether a prior Georgia robbery conviction constitutes a 'crime of violence' for enhancement purposes

Docket Entries

2020-10-05
Petition DENIED.
2020-07-16
DISTRIBUTED for Conference of 9/29/2020.
2020-07-08
Waiver of right of respondent United States to respond filed.
2020-06-17
Supplemental brief of petitioner Samuel Gray filed.
2018-05-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 3, 2020)

Attorneys

Samuel Gray
Samuel Gray — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent