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Enix 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. Argument Opinion Vote Author Term
17-6340 N/A N/A N/A N/A OT 2017

Issues: (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.

DateProceedings and Orders (key to color coding)
Oct 10 2017Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2017)
Nov 13 2017Brief of respondent United States in opposition filed.
Nov 30 2017DISTRIBUTED for Conference of 1/5/2018.
Mar 06 2018Supplemental brief of petitioner Keishan H. Enix filed.
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 08 2018Second supplemental brief of petitioner Keishan Benjamin Enix filed. (Distributed)
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).
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