No. 22-946

Martin Jay Manley v. United States

Lower Court: Fourth Circuit
Docketed: 2023-03-29
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: borden categorical-approach circuit-split divisibility extreme-recklessness fourth-circuit mathis use-of-force vicar-statute violent-crimes-in-aid-of-racketeering
Latest Conference: 2023-04-28
Question Presented (from Petition)

1. Whether the Fourth Circuit erred, in conflict
with decisions of other circuits, in holding that for
purposes of applying the categorical approach the
Violent Crimes in Aid of Racketeering (VICAR)
statute, 18 U.S.C. § 1959, is divisible into an
indefinite number of distinct crimes based not on the
structure of the statute but on how the government
satisfied VICAR's unlawfulness element.

2. Whether the Fourth Circuit erred in holding
that "extreme recklessness" crimes necessarily
involve a use of force against the person or property
of another.

Question Presented (AI Summary)

Whether the Fourth Circuit erred in holding that the Violent Crimes in Aid of Racketeering (VICAR) statute is divisible

Docket Entries

2023-05-01
Petition DENIED.
2023-04-12
DISTRIBUTED for Conference of 4/28/2023.
2023-04-04
Waiver of right of respondent United States of America to respond filed.
2023-03-27

Attorneys

Martin Manley
J. Scott BallengerAppellate Litigation Clinic, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent