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Robert Scott Kennedy v. United States
IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 21-14181 · judgment July 25, 2025
Questions presented
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Whether Mr. Kennedy was erroneously sentenced as an armed career criminal and received sentencing guidelines enhancements based on two prior Georgia burglary convictions and a controlled substance offense and whether Georgia's burglary is overbroad in comparison with generic burglary to qualify as a predicate offense.
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Whether Mr. Kennedy's sentence is procedurally and substantively unreasonable if he was improperly designated as an armed career criminal and improperly received sentencing guidelines enhancements based on prior Georgia burglary convictions.
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Whether an indictment and jury determination was required as to the issue of whether his prior burglary convictions qualified as predicate offenses under the armed career criminal act.
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Whether ambiguities in the nature of the prior burglary convictions create sufficient uncertainty to undermine the sentencing determination that qualified Mr. Kennedy as an armed career criminal.
Counsel of record
For petitioner
John Gee Edwards
John Gee Edwards, Attorney at Law
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Nov 10 2025Petition DENIED.
- Oct 16 2025DISTRIBUTED for Conference of 11/7/2025.
- Oct 10 2025Waiver of right of respondent United States to respond filed.
- Sep 24 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 30, 2025)