No. 22-7692

Gregory Allen Oaks v. United States

Lower Court: Fourth Circuit
Docketed: 2023-06-02
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: armed-career-criminal-act assault-offense circuit-split drunk-driving fourth-circuit mens-rea reckless-mens-rea violent-felony
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-01-05 (distributed 2 times)
Question Presented (from Petition)

In Borden v. United States, 141 S. Ct. 1817 (2021), five Justices of this Court agreed that offenses with a reckless mens rea do not qualify as a "violent felonies" under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(i). Although the Borden plurality identified "drunk driving" as an offense that doesn't fit within the ordinary meaning of "violent felony," the Court declined to address whether extreme-recklessness offenses qualify under the ACCA's definition of "violent felony." Does an assault offense that requires an extreme-recklessness mens rea and is used to prosecute drunk drivers qualify as a "violent felony" under the Armed Career Criminal Act?

Question Presented (AI Summary)

Whether an assault offense that requires a reckless mens rea and is used to prosecute drunk drivers qualifies as a 'violent felony' under the Armed Career Criminal Act

Docket Entries

2024-01-08
Petition DENIED.
2023-11-30
DISTRIBUTED for Conference of 1/5/2024.
2023-11-29
Reply of petitioner Gregory Allen Oaks filed. (Distributed)
2023-11-13
Brief of respondent United States in opposition filed.
2023-10-10
Motion to extend the time to file a response is granted and the time is further extended to and including November 13, 2023.
2023-10-06
Motion to extend the time to file a response from October 13, 2023 to November 13, 2023, submitted to The Clerk.
2023-09-07
Motion to extend the time to file a response is granted and the time is further extended to and including October 13, 2023.
2023-09-06
Motion to extend the time to file a response from September 13, 2023 to October 13, 2023, submitted to The Clerk.
2023-08-09
Motion to extend the time to file a response is granted and the time is extended to and including September 13, 2023.
2023-08-08
Motion to extend the time to file a response from August 14, 2023 to September 13, 2023, submitted to The Clerk.
2023-07-13
Response Requested. (Due August 14, 2023)
2023-06-15
DISTRIBUTED for Conference of 9/26/2023.
2023-06-07
Waiver of right of respondent United States to respond filed.
2023-05-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 3, 2023)
2023-04-03
Application (22A863) granted by The Chief Justice extending the time to file until June 2, 2023.
2023-03-29
Application (22A863) to extend the time to file a petition for a writ of certiorari from April 18, 2023 to June 2, 2023, submitted to The Chief Justice.

Attorneys

Gregory Allen Oaks
Ann Loraine Hester — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent