Enix v. United States
Petition granted, judgment vacated and case remanded for further consideration in light of Sessions v. Dimaya on May 14, 2018.
Issue: (1) Whether the residual clause of 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague; (2) whether conspiracy to commit Hobbs Act robbery has as an element "the use ... of physical force against the person or property of another," 18 U.S.C. § 924(c)(3)(A); and (3) whether the U.S. Court of Appeals fo the 11th Circuit"s rule that reasonable jurists could not debate an issue foreclosed by binding circuit precedent, even when a judge on the panel issued the binding precedent and subsequently stated that the panel"s decision may be erroneous, misapplies the standard articulated by the Supreme Court in Miller-El v. Cockrell and Buck v. Davis for determining whether a movant has made the threshold showing for a certificate of appealability.
| Date | Proceedings and Orders |
|---|---|
| 10/10/2017 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2017) |
| 11/13/2017 | Brief of respondent United States in opposition filed. |
| 11/30/2017 | DISTRIBUTED for Conference of 1/5/2018. |
| 03/06/2018 | Supplemental brief of petitioner Keishan H. Enix filed. |
| 04/17/2018 | DISTRIBUTED for Conference of 4/20/2018. |
| 04/23/2018 | DISTRIBUTED for Conference of 4/27/2018. |
| 05/07/2018 | DISTRIBUTED for Conference of 5/10/2018. |
| 05/08/2018 | Second supplemental brief of petitioner Keishan Benjamin Enix filed. (Distributed) |
| 05/14/2018 | Motion 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). |
| 06/15/2018 | JUDGMENT ISSUED. |