No. 22-6497

Timothy Martin Kendrick v. United States

Lower Court: Eighth Circuit
Docketed: 2023-01-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-offender categorical-approach criminal-law due-process johnson-ruling residual-clause sentencing sentencing-enhancement
Latest Conference: 2023-02-17
Question Presented (from Petition)

1) Does the struckdown 18 USc. g924 (e)(2)(B)(ii) residual under Johnson(2015) as applied to "ACCA equally apply to Mandatory Guideline USSGj4B1.2(a) (ii) Career Offender cases?

2) Does a Count 3(ORS811.540) and Count 2("DUI") State prior conviction qualify as a "crime of violence" under S4B1.2 (a)(ii) "otherwise" residual for:enhancement purposes?

3) Does the Eighth Circuit application of ORss811.540 as presented herein qualify a non-violent crime as a crime of violence?

4) Does the application of ORss811.540 as applied in the EighthiCircuit (herein) prove the. "Categorical Approach" N "FAULTY" if all the prior conviction counts are unaddressed during Due Process?

Question Presented (AI Summary)

Does the struck-down 18 USC 924(e)(2)(B)(ii) residual under Johnson(2015) as applied to ACCA equally apply to Mandatory Guideline USSG§4B1.2(a)(ii) Career Offender cases?

Docket Entries

2023-02-21
Petition DENIED.
2023-01-26
DISTRIBUTED for Conference of 2/17/2023.
2023-01-18
Waiver of right of respondent United States to respond filed.
2022-12-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 8, 2023)

Attorneys

Timothy Kendrick
Timothy Martin Kendrick — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent