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DESCAMPS v. UNITED STATES

Docket No.: 11-9540
Certiorari Granted: Aug 31 2012
Argued: January 7, 2013

Topics:

Armed Career Criminal Act, Sixth Amendment, immigration, murder

PartyNames: Matthew Robert Descamps v. United States
Petitioner: Matthew Robert Descamps
Respondent: United States

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: 466 Fed.Appx. 563
Supreme Court Docket

Matthew Robert Descamps
v.
United States
Background:

The California Burglary Statute Section 459 does not require as an element that a burglar "enter or remain unlawfully in a building". The Ninth Circuit held that it could determine whether this "missing element" was shown to have been proven by applying the modified categorical approa

Consideration Limited:

LIMITED TO QUESTION 1.

Question Presented:

1- Whether the Ninth Circuit's ruling in United States v. Aguila-Montes De Oca, 655 F.3d 915 (9th Cir. 2011), (En Banc) that a state conviction for burglary where the statute is missing an element of the generic crime, may be subject to the modified categorical approach, even though most other Circuit Courts of Appeal would not allow it. 2- Whether is it time for this Court to overrule Almandez-Torres v. United States, 523 U.S. 224 (1998), apply Apprendi v. New Jersey, 530 U.S. 224 (2000), and require an Indictment and trial on the issue of application of the Armed Career Criminal Act. 3- Whether the Ninth Circuit's ruling in the instant case was in derogation of the requirements in Taylor v. United States, 495 U.S. 575 (1990) and Shepard v. United States, 544 U.S. 13 (2005).

DESCAMPS v. UNITED STATES
ORAL ARGUMENT

January 7, 2013

Listen to Oral Argument in DESCAMPS v. UNITED STATES
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