No. 22-7052

Colby Todd Dubose v. United States

Lower Court: Ninth Circuit
Docketed: 2023-03-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: categorical-approach certificate-of-appealability generic-burglary non-permanent-structures oregon-first-degree-burglary overnight-accommodation reasonable-jurists statutory-interpretation stitt-decision stitt-v-united-states
Latest Conference: 2023-04-14
Question Presented (from Petition)

Could reasonable jurists debate whether, after Stitt, Oregon first-degree burglary remains categorically broader than generic burglary because the state offense covers non-permanent and mobile structures "adapted . . . for carrying on business therein," Or. Rev. Stat. § 164.205(1), whereas Stitt's ruling only reached structures customarily used or adapted for overnight accommodation?

Question Presented (AI Summary)

Whether Oregon first-degree burglary remains categorically broader than generic burglary after Stitt because it covers non-permanent and mobile structures adapted for carrying on business therein

Docket Entries

2023-04-17
Petition DENIED.
2023-03-30
DISTRIBUTED for Conference of 4/14/2023.
2023-03-24
Waiver of right of respondent United States to respond filed.
2023-03-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 20, 2023)

Attorneys

Colby Dubose
Elizabeth Gillingham DailyOregon Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent