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Jamar Alonzo Quarles v. United States

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 16-1690 · judgment March 10, 2017

Decided · June 10, 2019
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The Armed Career Criminal Act, 18 U.S.C. § 924(e), imposes a mandatory fifteen-year prison term upon any convicted felon who unlawfully possesses a firearm and who has three or more prior convictions for any "violent felony or * * * serious drug offense." The definition of a "violent felony" includes a burglary conviction that is punishable by imprisonment for a term exceeding one year. See § 924(e)(2)(B)(ii). In Taylor v. United States, 495 U.S. 575 (1990), this Court held that § 924(e) uses the term "burglary" in its generic sense, to cover any crime "having the basic elements of unlawful or unprivileged entry into, or remaining in, a building or structure, with intent to commit a crime." Id. at 598- 599. The question presented is: Whether (as two circuits hold) Taylor's definition of generic burglary requires proof that intent to commit a crime was present at the time of unlawful entry or first unlawful remaining, or whether (as the court below and three other circuits hold) it is enough that the defendant formed the intent to commit a crime at any time while "remaining in" the building or structure.

Counsel of record

For petitioner
Jeremy Charles Marwell
Vinson & Elkins LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage · 2 merits
(2 supporting pet./neither)

Argument & decision

Argued April 24, 2019 — Jeremy C. Marwell · Zachary D. Tripp. Audio and transcript

Decided June 10, 2019. Opinion by Kavanaugh.

Proceedings

  1. Jul 12 2019
    JUDGMENT ISSUED.
  2. Jun 10 2019
    Adjudged to be AFFIRMED. Kavanaugh, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion.
  3. Apr 24 2019
    Argued. For petitioner: Jeremy C. Marwell, Washington, D. C. For respondent: Zachary D. Tripp, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
  4. Apr 15 2019
    Reply of petitioner Jamar Quarles filed. (Distributed)
  5. Mar 22 2019
    Brief of respondent United States filed. (Distributed)
  6. Mar 20 2019
    CIRCULATED
  7. Mar 20 2019
    Record requested from the U.S.C.A. 6th Circuit.
  8. Mar 20 2019
    Record received from the U.S.C.A. 6th Circuit is electronic.
  9. Feb 27 2019
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  10. Feb 27 2019
    Brief amici curiae of Federal Public Defenders for the Northern, Western, and Southern Districts of Texas filed.
  11. Feb 20 2019
    Joint appendix filed.
  12. Feb 20 2019
    Brief of petitioner Jamar Quarles filed.
  13. Feb 11 2019
    SET FOR ARGUMENT on Wednesday, April 24, 2019
  14. Jan 11 2019
    Petition GRANTED.
  15. Jan 07 2019
    DISTRIBUTED for Conference of 1/11/2019.
  16. Dec 20 2018
    DISTRIBUTED for Conference of 1/4/2019.
  17. Dec 13 2018
    Supplemental brief of petitioner Jamar Quarles filed. (Distributed)
  18. Apr 11 2018
    DISTRIBUTED for Conference of 4/27/2018.
  19. Apr 10 2018
    Reply of petitioner Jamar Quarles filed.
  20. Apr 06 2018
    Waiver of the 14-day waiting period under Rule 15.5 filed by petitioner.
  21. Mar 30 2018
    Brief of respondent United States of America filed.
  22. Feb 23 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including March 30, 2018.
  23. Feb 22 2018
    Motion to extend the time to file a response from February 28, 2018 to March 30, 2018, submitted to The Clerk.
  24. Jan 18 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including February 28, 2018.
  25. Jan 17 2018
    Motion to extend the time to file a response from January 29, 2018 to February 28, 2018, submitted to The Clerk.
  26. Dec 28 2017
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  27. Dec 20 2017
    Motion to extend the time to file a response is granted and the time is extended to and including January 29, 2018.
  28. Dec 19 2017
    Motion to extend the time to file a response from December 28, 2017 to January 29, 2017, submitted to The Clerk.
  29. Nov 24 2017
    Petition for a writ of certiorari filed. (Response due December 28, 2017)
  30. Sep 15 2017
    Application (17A296) granted by Justice Kagan extending the time to file until November 24, 2017.
  31. Sep 13 2017
    Application (17A296) to extend the time to file a petition for a writ of certiorari from September 26, 2017 to November 24, 2017, submitted to Justice Kagan.