No. 22-5866

Gregory A. Milton, aka G v. United States

Lower Court: Fourth Circuit
Docketed: 2022-10-18
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: 924(c) categorical-approach certiorari-petition constitutional-claim hobbs-act section-924c supreme-court-review united-states-v-davis united-states-v-taylor
Latest Conference: 2023-03-17 (distributed 2 times)
Question Presented (from Petition)

This Court's should Grant this certiorari petition, Vacate the judgment below, and Remand (GVR), in order to allow the court of appeals to decide in light of United States v. Taylor, 596 U.S., 142 S.Ct. 2015, 213 L.ed.2d. 349 (2022), whether reasonable jurist could debate if this Petitioner's Hobbs Act conviction can support a violation of Title-18 U.S.C. §924(c) under this Court's "categorical approach" jurisdiction.

This Court should Grant Petitioner a COA, Vacate the lower courts' denial of his constitutional claim under United States v. Davis, 588 U.S. ___ (2019), and Remand the case to the lower appellate court to resolve whether the district court erred in denying him relief on the unconstitutionally vague §924(c) law as applied to Petitioner.

Question Presented (AI Summary)

Whether a Hobbs Act conviction can support a violation of 18 U.S.C. §924(c) under the categorical approach

Docket Entries

2023-03-20
Petition DENIED.
2023-03-03
Reply of petitioner Gregory A. Milton filed. (Distributed)
2023-02-23
DISTRIBUTED for Conference of 3/17/2023.
2023-02-08
Brief of respondent United States in opposition filed.
2022-12-23
Motion to extend the time to file a response is granted and the time is further extended to and including February 8, 2023.
2022-12-22
Motion to extend the time to file a response from January 9, 2023 to February 8, 2023, submitted to The Clerk.
2022-12-02
Motion to extend the time to file a response is granted and the time is extended to and including January 9, 2023.
2022-12-01
Motion to extend the time to file a response from December 9, 2022 to January 9, 2023, submitted to The Clerk.
2022-11-09
Response Requested. (Due December 9, 2022)
2022-11-03
DISTRIBUTED for Conference of 11/18/2022.
2022-10-27
Waiver of right of respondent United States to respond filed.
2022-10-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 17, 2022)

Attorneys

Gregory A. Milton
Gregory A. MiltonFCI Otisville, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent