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United States v. Eric Quinn Franklin

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-30011 · judgment September 13, 2018

Dismissed · June 4, 2019
Pre-decision estimate: 25% cert probability (95% interval 19%–33%)

Before the decision, about 6.1× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Ninth Circuit decision below.

Question presented

Whether a state drug offense must categorically match the elements of a generic analogue offense, including with respect to the mens rea for any potential accomplice liability, in order to qualify as a “serious drug offense” under the Armed Career Criminal Act of 1984, 18 U.S.C. 924(e)(2)(A)(ii). (I)

Counsel of record

For petitioner
Noel John Francisco
Jones Day

For respondent
Davina Te-min Chen
Law Office of Davina T. Chen

Case

Conference history
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Proceedings

  1. Jun 04 2019
    Petition Dismissed - Rule 46.
  2. Jun 03 2019
    Letter of June 3, 2019 from counsel for respondent stipulating to dismissal of the petition for a writ of certiorari under Rule 46 filed.
  3. May 30 2019
    Motion to dismiss the petition for a writ of certiorari under Rule 46.2, and motion for leave to file under seal with redacted copies for the public record, filed by petitioner.
  4. May 15 2019
    Motion for leave to file a brief in opposition under seal with redacted copies for the public record filed by respondent.
  5. May 15 2019
    Motion for leave to proceed in forma pauperis filed by respondent.
  6. Apr 30 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including May 15, 2019.
  7. Apr 25 2019
    Motion to extend the time to file a response from May 1, 2019 to May 15, 2019, submitted to The Clerk.
  8. Mar 15 2019
    Motion to extend the time to file a response is granted and the time is extended to and including May 1, 2019.
  9. Mar 12 2019
    Motion to extend the time to file a response from April 1, 2019 to May 1, 2019, submitted to The Clerk.
  10. Feb 28 2019
    Petition for a writ of certiorari filed. (Response due April 1, 2019)