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United States v. Michael Herrold

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 14-11317 · judgment February 20, 2018

GVR'd · June 17, 2019
Pre-decision estimate: 51% cert probability (95% interval 41%–61%)

Before the decision, about 12.4× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a petition filed soon after the judgment below.

Question presented

Whether a state offense that criminalizes continued unpermitted presence in a dwelling following the formation of intent to commit a crime has “the basic elements of unlawful * * * remaining in * * * a building or structure, with intent to commit a crime,” Taylor v. United States, 495 U.S. 575, 599 (1990), thereby qualifying as “burglary” under the Armed Career Criminal Act of 1984, 18 U.S.C. 924(e)(2)(B)(ii). (I)

Counsel of record

For petitioner
Noel John Francisco
Jones Day

For respondent
James Matthew Wright
Office of the Federal Public Defender

Case

Conference history
Distributed for 4 conferences

Related
Vide, 17-9127

Proceedings

  1. Jul 19 2019
    JUDGMENT ISSUED.
  2. Jun 17 2019
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
  3. Jun 17 2019
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Quarles v. United States, 587 U. S. ___ (2019).
  4. Jun 10 2019
    DISTRIBUTED for Conference of 6/13/2019.
  5. Jun 05 2019
    Supplemental brief of respondent Michael Herrold filed.
  6. Jan 07 2019
    DISTRIBUTED for Conference of 1/11/2019.
  7. Dec 20 2018
    DISTRIBUTED for Conference of 1/4/2019.
  8. Jun 20 2018
    DISTRIBUTED for Conference of 9/24/2018.
  9. Jun 05 2018
    Reply of petitioner United States filed.
  10. May 21 2018
    Brief of respondent Michael Herrold in opposition filed.
  11. May 21 2018
    Motion for leave to proceed in forma pauperis filed by respondent Michael Herrold.
  12. May 21 2018
    Conditional Cross-Petition for a Writ of Certiorari of Michael Herrold not accepted for filing. (May 29, 2018)
  13. Apr 18 2018
    Petition for a writ of certiorari filed. (Response due May 21, 2018)