No. 22-6578

Derrick Tyrone Moore v. United States

Lower Court: Fifth Circuit
Docketed: 2023-01-19
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: armed-career-criminal-act burglary-statute federal-courts generic-offense mens-rea precedent state-law state-law-interpretation statutory-interpretation violent-felony
Latest Conference: 2023-04-21
Question Presented (from Petition)

Whether there is a reasonable probability of different result if the court below is directed to reconsider its judgment in light of Wooden v. United States, _U.S. _, 142 S.Ct. 1063 (June 21, 2022)?

When evaluating whether a state-law offense satisfies the Armed Career Criminal Act's definition of a "violent felony," 18 U.S.C. § 924(e)(2)(B), federal courts often have to interpret and apply state court decisions.

Where state-law sources conflict with one another, does the ACCA's "demand for certainty" constrain a federal court's interpretation of state criminal law?

Is Texas-Penal Code § 30.02(a) a generic "burglary" offense, 18 U.S.C. § 924(e)(2)(B)(ii)?

Question Presented (AI Summary)

Whether there is a reasonable probability of different result if the court below is directed to reconsider its judgment in light of Wooden v. United States

Docket Entries

2023-04-24
Petition DENIED.
2023-04-06
DISTRIBUTED for Conference of 4/21/2023.
2023-04-05
Reply of petitioner Derrick Tyrone Moore filed. (Distributed)
2023-03-23
Memorandum of respondent United States in opposition filed.
2023-02-08
Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2023.
2023-02-07
Motion to extend the time to file a response from February 21, 2023 to March 23, 2023, submitted to The Clerk.
2022-12-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 21, 2023)

Attorneys

Derrick Tyrone Moore
Adam Ryan NicholsonOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent