Herrold v. United States

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-9127 5th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the Texas burglary statute — which states that a person commits burglary of a “habitation” if the target of the burglary is “a structure or vehicle that is adapted for the overnight accommodation of persons” — is a generic burglary statute for the purposes of the Armed Career Criminal Act; and (2) whether — if both of petitioner’s prior burglary convictions are deemed “generic burglaries” and therefore violent felonies under the ACCA, in conflict with the majorities in the U.S. Courts of Appeals for the 4th, 5th, 6th, 7th, 8th, 9th and 11th Circuits — the ACCA gave petitioner fair notice that both of his burglary convictions were “violent felonies.”

DateProceedings and Orders (key to color coding)
May 21 2018Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 28, 2018)
Jun 05 2018Brief of respondent United States in opposition filed.
Jun 20 2018DISTRIBUTED for Conference of 9/24/2018.
Dec 20 2018DISTRIBUTED for Conference of 1/4/2019.
Jan 07 2019DISTRIBUTED for Conference of 1/11/2019.
 
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