Supreme Court of the United States · Official docket →
Martin Jay Manley v. United States
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 20-6812 · judgment October 26, 2022
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, counsel who has filed here before, and a petition citing one or two dissents.
Questions presented
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Whether the Fourth Circuit erred, in conflict with decisions of other circuits, in holding that for purposes of applying the categorical approach the Violent Crimes in Aid of Racketeering (VICAR) statute, 18 U.S.C. § 1959, is divisible into an indefinite number of distinct crimes based not on the structure of the statute but on how the government satisfied VICAR’s unlawfulness element.
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Whether the Fourth Circuit erred in holding that “extreme recklessness” crimes necessarily involve a use of force against the person or property of another.
Counsel of record
For petitioner
J. Scott Ballenger
Appellate Litigation Clinic
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 1 conference
Order
Order list, May 1, 2023 · Certiorari denied
Proceedings
- May 01 2023Petition DENIED.
- Apr 12 2023DISTRIBUTED for Conference of 4/28/2023.
- Apr 04 2023Waiver of right of respondent United States of America to respond filed.
- Mar 27 2023Petition for a writ of certiorari filed. (Response due April 28, 2023)