Issue: Whether — after the Supreme Court’s decision in Johnson v. United States, which held the residual clause of the Armed Career Criminal Act’s “violent felony” definition to be unconstitutionally vague — 18 U.S.C. § 16(b) is unconstitutionally vague when it requires application of an indeterminate risk standard to the “ordinary case” of an individual’s prior conviction.
The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari as to Daniel Larios-Villatoro are granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Sessions v. Dimaya, 584 U. S. ____ (2018). The petition for a writ of certiorari as to Jaime A. Hernandez-Hernandez is denied.
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