Brown v. United States
Petition granted, judgment vacated, and case remanded for further consideration in light of United States v. Naylor on April 16, 2018.
Issue: (1) Whether a certificate of appealability should be issued to determine whether a predicate conviction that requires merely "physical force that overcomes reasonable resistance" satisfies the force clause of the Armed Career Criminals Act; and (2) whether a certificate of appealability should be issued to determine whether a Missouri burglary conviction from 1969 is a violent felony because, like the contemporary Missouri burglary statute, it is a fatally overbroad and indivisible statute.
| Date | Proceedings and Orders |
|---|---|
| 10/06/2017 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2017) |
| 10/24/2017 | Waiver of right of respondent United States to respond filed. |
| 11/02/2017 | DISTRIBUTED for Conference of 11/21/2017. |
| 11/13/2017 | Response Requested. (Due December 13, 2017) |
| 12/06/2017 | Motion to extend the time to file a response from December 13, 2017 to January 12, 2018, submitted to The Clerk. |
| 12/07/2017 | Motion to extend the time to file a response is granted and the time is extended to and including January 12, 2018. |
| 01/09/2018 | Motion to extend the time to file a response from January 12, 2018 to February 12, 2018, submitted to The Clerk. |
| 01/10/2018 | Motion to extend the time to file a response is granted and the time is further extended to and including February 12, 2018. |
| 02/12/2018 | Brief of respondent United States in opposition filed. |
| 02/15/2018 | Reply of petitioner Jerry N. Brown filed. |
| 02/15/2018 | Motion to Defer Consideration of Petition for Certiorari filed by petitioner Jerry N. Brown. |
| 02/15/2018 | Letter of February 15, 2018 from counsel for petitioner received. |
| 02/22/2018 | DISTRIBUTED for Conference of 3/16/2018. |
| 03/19/2018 | DISTRIBUTED for Conference of 3/23/2018. |
| 03/26/2018 | DISTRIBUTED for Conference of 3/29/2018. |
| 04/06/2018 | Supplemental brief of petitioner Jerry N. Brown filed. (Distributed) |
| 04/09/2018 | DISTRIBUTED for Conference of 4/13/2018. |
| 04/16/2018 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED to the United States Court of Appeals for the Eighth Circuit for further consideration in light of that court's opinion in United States v. Naylor, __ F. 3d ___ (CA8 2018). |
| 05/18/2018 | JUDGMENT ISSUED. |