No. 21-6642

Tre Reshawn Tate v. United States

Lower Court: Sixth Circuit
Docketed: 2021-12-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: application-note criminal-law dangerous-weapon judicial-deference kisor-v-wilkie possession robbery sentencing-guidelines statutory-interpretation
Latest Conference: 2022-01-21
Question Presented (from Petition)

Is the application note defining "dangerous weapon" overly broad under Kisor v. Wilkie, 139 S. Ct. 2400 (2019) by defining "possession" of a "dangerous weapon" to include merely pretending to possess one—by sticking one's empty hand into one's bag?

Question Presented (AI Summary)

Whether the application note defining 'dangerous weapon' is overly broad under Kisor v. Wilkie by defining 'possession' to include merely pretending to possess one

Docket Entries

2022-01-24
Petition DENIED.
2022-01-06
DISTRIBUTED for Conference of 1/21/2022.
2021-12-30
Waiver of right of respondent United States to respond filed.
2021-12-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 18, 2022)

Attorneys

Tre Tate
Erin Phillippi RustFederal Defender Services of Eastern Tennessee, Inc., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent