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Harris v. United States

Petition for certiorari denied on April 2, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
16-8616 10th Cir. _ N/A N/A N/A N/A OT 2017

Issue: (1) Whether “violent force” is an element of robbery, as defined at common law, such that it constitutes a “violent felony” under the elements clause of the Armed Career Criminal Act, as the U.S. Courts of Appeals for the 10th and 11th Circuits have held, or whether the force necessary to commit common law robbery is too slight to qualify as violent force, as the U.S. Courts of Appeals for the 4th and 8th Circuits have held; and (2) whether, when a federal court applies Moncrieffe v. Holder, which states that whether an offense qualifies as a “violent felony” depends on whether “the minimum conduct criminalized by the state statute” measures up to the federal definition of a “violent felony,” it should consult common law authorities to determine the minimum conduct connoted by the common law term of art, as the U.S. Court of Appeals for the 5th Circuit has done, or whether federal courts should assume that “force” and “violence” carry the ordinary meanings given by general-usage dictionaries, as the U.S. Court of Appeals for the 10th Circuit did in this case.

DateProceedings and Orders (key to color coding)
Apr 04 2017Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 8, 2017)
May 04 2017Order extending time to file response to petition to and including June 7, 2017.
Jun 07 2017Brief of respondent United States in opposition filed.
Jun 14 2017Reply of petitioner Michael Kevin Harris filed.
Jun 22 2017DISTRIBUTED for Conference of September 25, 2017.
Aug 31 2017Supplemental brief of petitioner Michael K. Harris filed. (Distributed)
Sep 14 2017Rescheduled.
Dec 18 2017Second supplemental brief of petitioner Michael K. Harris filed.
Mar 01 2018DISTRIBUTED for Conference of 3/16/2018.
Mar 19 2018DISTRIBUTED for Conference of 3/23/2018.
Mar 26 2018DISTRIBUTED for Conference of 3/29/2018.
Apr 02 2018Petition DENIED.
Mar 30 2018Supplemental Brief of Michael K. Harris not accepted for filing. (May 04, 2018)