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.
| Docket No. |
Argument |
Opinion |
Vote |
Author |
Term |
| 17-6344 |
N/A |
N/A |
N/A |
N/A |
OT 2017 |
Issues: (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 (key to color coding) |
|---|
| Oct 06 2017 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2017) |
| Oct 24 2017 | Waiver of right of respondent United States to respond filed. |
| Nov 02 2017 | DISTRIBUTED for Conference of 11/21/2017. |
| Nov 13 2017 | Response Requested. (Due December 13, 2017) |
| Dec 06 2017 | Motion to extend the time to file a response from December 13, 2017 to January 12, 2018, submitted to The Clerk. |
| Dec 07 2017 | Motion to extend the time to file a response is granted and the time is extended to and including January 12, 2018. |
| Jan 09 2018 | Motion to extend the time to file a response from January 12, 2018 to February 12, 2018, submitted to The Clerk. |
| Jan 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. |
| Feb 12 2018 | Brief of respondent United States in opposition filed. |
| Feb 15 2018 | Reply of petitioner Jerry N. Brown filed. |
| Feb 15 2018 | Motion to Defer Consideration of Petition for Certiorari filed by petitioner Jerry N. Brown. |
| Feb 15 2018 | Letter of February 15, 2018 from counsel for petitioner received. |
| Feb 22 2018 | DISTRIBUTED for Conference of 3/16/2018. |
| Mar 19 2018 | DISTRIBUTED for Conference of 3/23/2018. |
| Mar 26 2018 | DISTRIBUTED for Conference of 3/29/2018. |
| Apr 06 2018 | Supplemental brief of petitioner Jerry N. Brown filed. (Distributed) |
| Apr 09 2018 | DISTRIBUTED for Conference of 4/13/2018. |
| Apr 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). |
| May 18 2018 | JUDGMENT ISSUED. |
