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Tyquez Ursery v. United States
IFP petition · United States Court of Appeals for the Sixth Circuit, No. 20-5218 · judgment December 3, 2020
Questions presented
The questions presented are:
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Does Tennessee’s aggravated burglary statute, which defines “entry” so broadly as to encompass mere attempted burglary, qualify as a “generic burglary” under the Armed Career Criminal Act, 18 U.S.C. § 924(e) (the “ACCA”)? Does the Sixth Circuit’s decision holding that Tennessee burglary does qualify conflict with James v. United States, 550 U.S. 192, 200 (2007)?
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Was the Sixth Circuit’s decision in United States v. Gloss, 661 F.3d 317 (6th Cir. 2011) wrongly decided and were Mr. Ursery’s facilitation convictions wrongly deemed ACCA “violent felony” predicate offenses?
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Should Mr. Ursery’s two facilitation of attempted especially aggravated robbery convictions should count as separate ACCA predicate offenses even when that requires reliance on non-elemental facts?
Counsel of record
For petitioner
Caryll Stephanie Alpert
Federal Public Defender
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 04 2021Petition DENIED.
- Jul 22 2021DISTRIBUTED for Conference of 9/27/2021.
- Jul 16 2021Reply of petitioner Tyquez Ursery filed.
- Jul 06 2021Memorandum of respondent United States filed.
- Jun 07 2021Motion to extend the time to file a response is granted and the time is extended to and including July 6, 2021.
- Jun 04 2021Motion to extend the time to file a response from June 4, 2021 to July 6, 2021, submitted to The Clerk.
- May 03 2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 4, 2021)