No. 25-6432

Dylan Gregory Kerstetter v. United States

Lower Court: Fifth Circuit
Docketed: 2025-12-23
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: armed-career-criminal-act categorical-approach circuit-split sentencing-enhancement serious-drug-offense violent-felony
Latest Conference: 2026-02-20
Question Presented (from Petition)

Under the ACCA's categorical approach, if a state statute expressly criminalizes conduct outside the federal definitions of "serious drug offense" or "violent felony," does the defendant bear a burden of proving that the state had also applied its law to convict someone for non-qualifying conduct?

If so, has Mr. Kerstetter satisfied that burden?

Question Presented (AI Summary)

Under the ACCA's categorical approach, if a state statute expressly criminalizes conduct outside the federal definitions of 'serious drug offense' or 'violent felony,' does the defendant bear a burden of proving that the state had also applied its law to convict someone for non-qualifying conduct?

Docket Entries

2026-02-23
Petition DENIED.
2026-01-15
DISTRIBUTED for Conference of 2/20/2026.
2026-01-12
Waiver of right of respondent United States to respond filed.
2025-12-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2026)
2025-11-19
Application (25A584) granted by Justice Alito extending the time to file until December 19, 2025.
2025-11-14
Application (25A584) to extend the time to file a petition for a writ of certiorari from November 23, 2025 to December 19, 2025, submitted to Justice Alito.

Attorneys

Dylan Gregory Kerstetter
James Matthew WrightOffice of the Federal Public Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent