No. 25-5769

Robert Scott Kennedy v. United States

Lower Court: Eleventh Circuit
Docketed: 2025-09-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal burglary-statute criminal-procedure predicate-offense sentencing-guidelines statutory-interpretation
Latest Conference: 2025-11-07
Question Presented (from Petition)

1. Whether Mr. Kennedy was erroneously sentenced as an armed career criminal and received sentencing guidelines enhancements based on two prior Georgia burglary convictions and a controlled substance offense and whether Georgia's burglary is overbroad in comparison with generic burglary to qualify as a predicate offense.

2. Whether Mr. Kennedy's sentence is procedurally and substantively unreasonable if he was improperly designated as an armed career criminal and improperly received sentencing guidelines enhancements based on prior Georgia burglary convictions.

3. Whether an indictment and jury determination was required as to the issue of whether his prior burglary convictions qualified as predicate offenses under the armed career criminal act.

4. Whether ambiguities in the nature of the prior burglary convictions create sufficient uncertainty to undermine the sentencing determination that qualified Mr. Kennedy as an armed career criminal.

Question Presented (AI Summary)

Whether Mr. Kennedy was erroneously sentenced as an armed career criminal based on prior Georgia burglary convictions and a controlled substance offense, and whether Georgia's burglary statute is overbroad compared to generic burglary

Docket Entries

2025-11-10
Petition DENIED.
2025-10-16
DISTRIBUTED for Conference of 11/7/2025.
2025-10-10
Waiver of United States of right to respond submitted.
2025-10-10
Waiver of right of respondent United States to respond filed.
2025-09-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 30, 2025)

Attorneys

Robert Kennedy
John Gee EdwardsJohn Gee Edwards, Attorney at Law, Petitioner
United States
D. John SauerSolicitor General, Respondent