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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


Certiorari denied · October 4, 2021

Questions presented

The questions presented are:

  1. 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)?

  2. 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?

  3. 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

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 22 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jul 16 2021
    Reply of petitioner Tyquez Ursery filed.
  4. Jul 06 2021
    Memorandum of respondent United States filed.
  5. Jun 07 2021
    Motion to extend the time to file a response is granted and the time is extended to and including July 6, 2021.
  6. Jun 04 2021
    Motion to extend the time to file a response from June 4, 2021 to July 6, 2021, submitted to The Clerk.
  7. May 03 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 4, 2021)