Supreme Court of the United States · Official docket →
Martez L. Smith v. United States
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 20-1117 · judgment March 3, 2021
Before the decision, modestly above 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 petition citing one or two dissents.
Questions presented
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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.
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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
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 2 conferences
Linked docket
21M12
Order
Order list, November 15, 2021 · Certiorari denied
Proceedings
- Nov 15 2021Petition DENIED.
- Nov 09 2021Supplemental brief of petitioner Martez L. Smith filed. (Distributed)
- Oct 27 2021DISTRIBUTED for Conference of 11/12/2021.
- Oct 21 2021Waiver of right of respondent United States to respond filed.
- Oct 04 2021Motion (21M12) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
- Aug 04 2021MOTION (21M12) DISTRIBUTED for Conference of 9/27/2021.
- Jul 30 2021Motion (21M12) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
- Jul 30 2021Petition for a writ of certiorari filed. (Response due November 3, 2021)