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Alvin Porterie, Jr. v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 22-30457 · judgment February 11, 2025


Certiorari denied · October 6, 2025

Question presented

Whether a defendant challenging a prior state conviction under the Armed Career Criminal Act must produce actual state court decisions showing non-generic application of a facially overbroad statute—as the Fifth Circuit alone requires—or whether the statutory text suffices to demonstrate overbreadth—as every other circuit holds?

Counsel of record

For petitioner
Dustin Talbot
Federal Public Defender

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Jul 10 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jul 08 2025
    Waiver of right of respondent United States to respond filed.
  4. Jun 09 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 18, 2025)