No. 22-7682
Response WaivedIFP
Tags: 2nd-amendment circuit-conflict circuit-split criminal-procedure disjunctive-theories due-process firearms-statute predicate-offense sentencing statutory-interpretation verdict-ambiguity
Latest Conference:
2023-09-26
Question Presented (from Petition)
I. Whether the Second Circuit conflicted with its own precedent in Capers when it denied Gayle relief?
II. Whether the Second Circuit Court of Appeals' decision in Gayle manifested a Circuit conflict with the Fifth Circuit's decision in "Perry" and "Jones", and the Eleventh Circuit's decision in "Gomez"?
III. Whether a Judge's "confidence" is a appropriate standard when determining the predicate offense for a 18 U.S.C.§924(b) count, when there are disjunctive theories of culpability?
Question Presented (AI Summary)
Whether the Second Circuit conflicted with its own precedent in Capers when it denied Gayle relief?
Docket Entries
2023-10-02
Petition DENIED.
2023-06-15
DISTRIBUTED for Conference of 9/26/2023.
2023-06-07
Waiver of right of respondent United States to respond filed.
2023-05-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 3, 2023)
Attorneys
Tyrin Gayle
Tyrin Gayle — Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent