No. 20-6458

Clayton Lee Waagner v. United States

Lower Court: Seventh Circuit
Docketed: 2020-11-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acca armed-career-criminal-act burglary-definition collateral-estoppel indictment indictment-statute ohio-aggravated-burglary predicate-offense statute-of-conviction statutory-interpretation
Latest Conference: 2021-01-15
Question Presented (from Petition)

Whether the "statute of conviction" must be used for an ACC A predicate offense, or can the district court use the statute listed on the indictment instead?

Whether, in light of Stitt, Ohio aggravated burglary is broader than the generic burglary definition under the ACCA's enumerated offense clause?

Does the doctrine of Collateral Estoppel prevent the government and district court from reversing position on an issue of law after holding a contrary position in an earlier proceeding within the same case?

Question Presented (AI Summary)

Whether the statute of conviction must be used for an ACCA predicate offense, or can the district court use the statute listed on the indictment instead?

Docket Entries

2021-01-19
Petition DENIED.
2020-12-30
DISTRIBUTED for Conference of 1/15/2021.
2020-12-18
Waiver of right of respondent United States to respond filed.
2020-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 28, 2020)

Attorneys

Clayton Lee Waagner
Clayton Lee Waagner — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent