Issue: (1) Whether this court should grant certiorari to resolve the circuit split regarding what a sentencing court can consider when applying the modified categorical
Approach? Specifically, some courts of appeals have held that sentencing
courts can consider charging documents and plea colloquies only to
determine which crime the defendant committed when his prior offense
Occurred. Others have held that sentencing courts can also consider those
documents to determine how the defendant committed the prior offense and (2)
whether after the Supreme Court’s decision in Begay v. United States, the question of
whether a crime is a crime of violence depends upon whether the elements require
Conduct which is “violent, purposeful, and aggressive.” Should the analysis of
Begay apply, even if an offense is enumerated in application note 1 to U.S.S.G. § 4b1.2,
the definition section of the career offender guidelines?
Waiver of right of respondent United States to respond filed.
Oct 4 2012
DISTRIBUTED for Conference of October 26, 2012.
Oct 16 2012
Response Requested . (Due November 15, 2012)
Nov 6 2012
Order extending time to file response to petition to and including December 17, 2012.
Dec 14 2012
Brief of respondent United States in opposition filed.
Dec 27 2012
DISTRIBUTED for Conference of January 11, 2013.
Jan 14 2013
DISTRIBUTED for Conference of January 18, 2013.
Jun 25 2013
DISTRIBUTED for Conference of June 26, 2013.
Jun 27 2013
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Descamps v. United States, 570 U.S. ____ (2013). Justice Alito, with whom Justice Kennedy joins, dissenting.
On Monday, the Court issued orders from its May 19 Conference. It did not add any new cases to its merits docket for next Term or call for the views of the Solicitor General in any cases. The Court also released its opinions in three cases. On Thursday, the Justices met for their May 26 Conference; our list of "petitions to watch" for that Conference is available here.
United States v. Texas Whether the Obama administration has the authority to issue its new deferred-action policy for undocumented immigrants, whether the states have standing to challenge the policy at all, whether DHS was required to notify the public about the proposed policy and provide opportunity for the public to weigh in on it, and whether the policy violates the Constitution’s “Take Care Clause,” which requires the president to “take care that the laws be faithfully executed.”
Zubik v. Burwell Because both the Obama administration and the religious non-profits, colleges, and schools challenging the accommodation offered to those who object to complying with the Affordable Care Act’s birth control mandate confirm that contraceptive coverage could be provided to the challengers’ female employees, through the challengers’ insurance companies, without any notice from the challengers, the decisions of the courts of appeals rejecting the challenge are vacated and remanded. Given the gravity of the dispute and the substantial clarification and refinement in the positions of the parties, the parties on remand should be afforded an opportunity to arrive at an approach going forward that accommodates the challengers’ religious exercise while at the same time ensuring that women covered by the challengers’ health plans receive full and equal health coverage, including contraceptive coverage.
Whole Woman’s Health v. Hellerstedt Whether, when applying the “undue burden” standard of Planned Parenthood v. Casey, the Fifth Circuit erred in concluding that this standard permits Texas to enforce, in nearly all circumstances, laws that would cause a significant reduction in the availability of abortion services while failing to advance the State’s interest in promoting health - or any other valid interest.
Spokeo, Inc. v. Robins Because the Ninth Circuit failed to consider both aspects of the injury-in-fact requirements -- an injury in fact must be both concrete and particularized, but the Ninth Circuit's observations concerned only "particularization" -- its Article III standing analysis was incomplete.
Rogers v. Chatman Whether petitioner was denied effective assistance of counsel where (1) the only issue at trial was whether petitioner is intellectually disabled; (2) petitioner’s IQ scores were within the range for intellectual disability with the Flynn effect, a well-established scientific principle demonstrating that aging norms cause IQ scores to rise for each year since the test was normed, but outside the range without it; and (3) petitioner’s counsel failed to explain the Flynn effect.
Unite Here Local 54 v. Trump Entertainment Resorts, Inc. Whether, under § 1113 of the Bankruptcy Code, a bankruptcy court may authorize a unionized debtor employer to abolish its employees’ pensions, health coverage and other benefits without complying with its bargaining obligations under the National Labor Relations Act, when no collective bargaining agreement exists.