No. 25-6432
Dylan Gregory Kerstetter v. United States
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 Wright — Office of the Federal Public Defender, Petitioner
United States
D. John Sauer — Solicitor General, Respondent