Ricardo Marrero, Petitioner v. United States.

Summary

Justice Alito, joined by Justice Kennedy, dissents from the Court’s grant, vacate, and remand. The dissent contends that the majority’s application of the “modified categorical” approach to the Pennsylvania assault statute is misplaced because the underlying conviction may have been based on reckless conduct rather than intentional or knowing conduct, rendering the career‑offender finding questionable.