Larios-Villatoro v. United States
Petition granted, judgment vacated, and case remanded for further consideration in light of Sessions v. Dimaya on May 14, 2018.
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.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Jun 12 2017 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 21, 2017) |
| Jul 12 2017 | Order extending time to file response to petition to and including August 21, 2017. |
| Aug 21 2017 | Memorandum of respondent United States filed. |
| Sep 07 2017 | DISTRIBUTED for Conference of 9/25/2017. |
| Apr 17 2018 | DISTRIBUTED for Conference of 4/20/2018. |
| Apr 23 2018 | DISTRIBUTED for Conference of 4/27/2018. |
| May 07 2018 | DISTRIBUTED for Conference of 5/10/2018. |
| May 14 2018 | 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. |
| May 31 2018 | Petition for Rehearing filed. |
| Jun 21 2018 | DISTRIBUTED. |
| Jul 16 2018 | Rehearing DENIED. |
| Jul 16 2018 | JUDGMENT ISSUED. |
