No. 21-7583

Larry Lowery, Jr. v. United States

Lower Court: Fourth Circuit
Docketed: 2022-04-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act breaking-and-entering burglary categorical-approach civil-rights due-process fourth-circuit generic-burglary violent-felony
Latest Conference: 2022-05-26
Question Presented (from Petition)

1. Whether North Carolina breaking or entering is categorically broader than generic burglary and cannot be a violent felony under the Armed Career Criminal Act when it can be committed by breaking into vehicles and structures that house only property and no people and thus does not present the necessary risk of violent confrontation.

2. Whether North Carolina breaking or entering and breaking or entering a place of worship are categorically broader than generic burglary and cannot be violent felonies under the ACCA because entry is not a required element of either offense.

Question Presented (AI Summary)

Whether North Carolina breaking or entering is categorically broader than generic burglary and cannot be a violent felony under the Armed Career Criminal Act

Docket Entries

2022-05-31
Petition DENIED.
2022-05-11
DISTRIBUTED for Conference of 5/26/2022.
2022-05-05
Waiver of right of respondent United States to respond filed.
2022-04-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 11, 2022)

Attorneys

Larry Lowery, Jr.
Jaclyn Lee TarltonOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent