Supreme Court of the United States · Official docket →
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
- Oct 06 2025Petition DENIED.
- Jul 10 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 08 2025Waiver of right of respondent United States to respond filed.
- Jun 09 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 18, 2025)