No. 22-7052
Colby Todd Dubose v. United States
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 Daily — Oregon Federal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent