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Lin 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
17-5767 2d Cir. N/A N/A N/A N/A OT 2017

Issues: (1) Whether the analysis of whether a predicate act constitutes a “crime of violence” under the language of 18 U.S.C. § 924(c)(3)(B) must comport with the Supreme Court’s jurisprudence regarding the Armed Career Criminal Act’s residual clause, 18 U.S.C. § 924(e)(2)(B)(ii), as the U.S. Courts of Appeals for the 3rd, 7th and 9th Circuits have held, in conflict with the rulings of the U.S. Courts of Appeals for the 2nd, 6th, 8th and 11th Circuits; and (2) whether the “ordinary case” methodology survived Johnson v. United States for purposes of statutes other than the Armed Career Criminal Act, 18 U.S.C. § 924(e).

DateProceedings and Orders
Aug 28 2017Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 29, 2017)
Sep 21 2017Order extending time to file response to petition to and including October 30, 2017.
Oct 30 2017Memorandum of respondent United States filed.
Nov 15 2017DISTRIBUTED for Conference of 12/1/2017.
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 2018Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Sessions v. Dimaya, 584 U. S. ____ (2018).
Jun 15 2018JUDGMENT ISSUED.
 
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