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James Avery, Jr. v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-14430 · judgment June 30, 2020

Certiorari denied · January 19, 2021
Pre-decision estimate: 12% cert probability (95% interval 8%–17%)

Before the decision, about 2.8× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and an Eleventh Circuit decision below.

Question presented

Whether a state burglary statute that disjunctively lists places that may be burgled under the statute is divisible for purposes of a sentence enhancement under the Armed Career Criminal Act, 18 U.S.C. §924(e), even though the statutory list is not exclusive and does not require the jury to agree that the defendant burgled any particular listed place. (i)

Counsel of record

For petitioner
Mark Christopher Fleming
WilmerHale

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jan 19 2021
    Petition DENIED.
  2. Dec 30 2020
    DISTRIBUTED for Conference of 1/15/2021.
  3. Dec 30 2020
    Reply of petitioner James Avery, Jr. filed. (Distributed)
  4. Dec 28 2020
    Waiver of the 14-day waiting period under 15.5 filed.
  5. Dec 23 2020
    Brief of respondent United States in opposition filed.
  6. Nov 19 2020
    Motion to extend the time to file a response is granted and the time is extended to and including December 23, 2020.
  7. Nov 18 2020
    Motion to extend the time to file a response from November 23, 2020 to December 23, 2020, submitted to The Clerk.
  8. Oct 22 2020
    Response Requested. (Due November 23, 2020)
  9. Oct 21 2020
    DISTRIBUTED for Conference of 11/6/2020.
  10. Oct 14 2020
    Waiver of right of respondent United States to respond filed.
  11. Sep 25 2020
    Petition for a writ of certiorari filed. (Response due October 29, 2020)