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Martez L. Smith v. United States

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 20-1117 · judgment March 3, 2021

Certiorari denied · November 15, 2021
Pre-decision estimate: 6% cert probability (95% interval 4%–11%)

Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

  1. Whether the categorical approach for generic offenses applies to the offense of conspiring under U.S.S.G. § 4B1.2 Application Note 1 and requires an overt act element.

  2. Whether U.S.S.G. § 4B1.2 Application Note 1 is a valid and controlling interpretation of that guide­ line.

Counsel of record

For petitioner
Joseph R. Palmore
Morrison & Foerster LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Linked docket
21M12

Proceedings

  1. Nov 15 2021
    Petition DENIED.
  2. Nov 09 2021
    Supplemental brief of petitioner Martez L. Smith filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  3. Oct 27 2021
    DISTRIBUTED for Conference of 11/12/2021.
  4. Oct 21 2021
    Waiver of right of respondent United States to respond filed.
    Main Document
  5. Oct 04 2021
    Motion (21M12) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
  6. Aug 04 2021
    MOTION (21M12) DISTRIBUTED for Conference of 9/27/2021.
  7. Jul 30 2021
    Motion (21M12) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
  8. Jul 30 2021
    Petition for a writ of certiorari filed. (Response due November 3, 2021)
    PetitionAppendixCertificate of Word CountProof of Service