No. 22-7194

Monquel Dejuan-Lee Paulk v. United States

Lower Court: Sixth Circuit
Docketed: 2023-04-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act categorical-approach circuit-split duenas-alvarez generic-crime realistic-probability sentencing-enhancement united-states-v-taylor
Latest Conference: 2023-05-11
Question Presented (from Petition)

I. Is the reasoning of Taylor irrelevant to deciding whether an overbroad state crime qualifies as an ACCA predicate, as the Sixth Circuit held below?

II. Did Duenas-Alvarez announce a blanket rule that a defendant must satisfy the realistic probability inquiry even when a state crime is plainly broader than the federal generic crime, as the Fifth, Sixth, and Eighth Circuits have held, or is the realistic probability inquiry obviated when the state crime is plainly broader than the federal generic offense, as the First, Second, Third, Fourth, Sixth, Ninth, Tenth, and Eleventh Circuits have held?

Question Presented (AI Summary)

Whether the reasoning of United States v. Taylor applies to determining if an overbroad state crime qualifies as an Armed Career Criminal Act predicate

Docket Entries

2023-05-15
Petition DENIED.
2023-04-26
DISTRIBUTED for Conference of 5/11/2023.
2023-04-20
Waiver of right of respondent United States to respond filed.
2023-04-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 5, 2023)
2023-01-26
Application (22A673) granted by Justice Kavanaugh extending the time to file until April 1, 2023.
2023-01-09
Application (22A673) to extend the time to file a petition for a writ of certiorari from January 31, 2023 to April 1, 2023, submitted to Justice Kavanaugh.

Attorneys

Monquel Paulk
Daniel Scott HarawaWashington University in St. Louis School of Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent