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Larios-Villatoro v. United States

Petition granted, judgment vacated, and case remanded for further consideration in light of Sessions v. Dimaya on May 14, 2018.
Docket No. Op. Below Argument Opinion Vote Author Term
16-9660 5th Cir. N/A N/A N/A N/A OT 2017

Issue: Whether — after the Supreme Court’s decision in Johnson v. United States, which held the residual clause of the Armed Career Criminal Act’s “violent felony” definition to be unconstitutionally vague — 18 U.S.C. § 16(b) is unconstitutionally vague when it requires application of an indeterminate risk standard to the “ordinary case” of an individual’s prior conviction.

DateProceedings and Orders
Jun 12 2017Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 21, 2017)
Jul 12 2017Order extending time to file response to petition to and including August 21, 2017.
Aug 21 2017Memorandum of respondent United States filed.
Sep 07 2017DISTRIBUTED for Conference of 9/25/2017.
Apr 17 2018DISTRIBUTED for Conference of 4/20/2018.
Apr 23 2018DISTRIBUTED for Conference of 4/27/2018.
May 07 2018DISTRIBUTED for Conference of 5/10/2018.
May 14 2018The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari as to Daniel Larios-Villatoro are granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Sessions v. Dimaya, 584 U. S. ____ (2018). The petition for a writ of certiorari as to Jaime A. Hernandez-Hernandez is denied.
May 31 2018Petition for Rehearing filed.
Jun 21 2018DISTRIBUTED.
Jul 16 2018Rehearing DENIED.
Jul 16 2018JUDGMENT ISSUED.
 
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