No. 20-7120

Alfred Montgomery,III v. United States

Lower Court: Fifth Circuit
Docketed: 2021-02-11
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: armed-career-criminal-act categorical-approach criminal-statute-interpretation felon-in-possession generic-burglary plain-error rehaif sentencing-enhancement state-burglary-offense
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (from Petition)

1. Whether a state burglary offense is categorically broader than generic burglary under the Armed Career Criminal Act when it can be committed without entry into an enclosed space, such as simply walking under a carport, and can be committed by breaking into structures designed to hold only property and not people.

2. Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1) and 924(a), is automatically entitled to plain-error relief if the district court did not advise him that one element of that offense is knowledge of his status as a felon, regardless of whether he can show that the district court's error affected the outcome of the proceedings.

Question Presented (AI Summary)

Whether a state burglary offense is categorically broader than generic burglary under the Armed Career Criminal Act

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2021-04-28
DISTRIBUTED for Conference of 5/13/2021.
2021-04-14
Memorandum of respondent United States filed.
2021-02-24
Motion to extend the time to file a response is granted and the time is extended to and including April 14, 2021.
2021-02-23
Motion to extend the time to file a response from March 15, 2021 to April 14, 2021, submitted to The Clerk.
2021-02-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 15, 2021)

Attorneys

Alfred Montgomery
Celia RhoadsFederal Public Defender - EDLA, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent