No. 22-6956
Michael Blake DeFrance v. United States
Response WaivedIFP
Tags: all-writs-act appellate-jurisdiction appellate-review categorical-approach civil-procedure domestic-violence final-judgment jurisdiction ninth-circuit standard-of-review statutory-interpretation
Latest Conference:
2023-03-31
Question Presented (from Petition)
WHETHER THE NINTH CIRCUIT CORRECTLY DETERMINED
THAT THE ORDERS APPEALED WERE NEITHER FINAL NOR
WORTHY OF CONSIDERATION UNDER
THE ALL-WRITS ACT
18 USC §1651.
WHETHER THIS COURT'S DECISIONS IN UNITED STATES v.
HAYES, 555 U.S. 415 (2009) AND UNITED STATES v. CASTELMAN,
572b
U.S.
157
(2014)
ARE
IN CONFLICT
REGARDING
APPLICATION OF
THE
CATEGORICAL
APPROACH
TO A
PREDICATE
DOMESTIC
VIOLENCE
CONVICTION
IN A
§922(g)(9) PROSECUTION.
AND IF SO, WHICH RULE
E APPLIES
HERE.
Question Presented (AI Summary)
Whether the Ninth Circuit correctly determined that the orders appealed were neither final nor worthy of consideration under the All-Writs Act 18 USC §1651
Docket Entries
2023-04-03
Petition DENIED.
2023-03-16
DISTRIBUTED for Conference of 3/31/2023.
2023-03-13
Waiver of right of respondent United States to respond filed.
2023-03-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 6, 2023)
Attorneys
Michael DeFrance
Michael J. Donahoe — Federal Defenders of Montana, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent