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United States v. Davis

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Docket No. Op. Below Argument Opinion Vote Author Term
18-431 5th Cir. Apr 17, 2019 Jun 24, 2019 5-4 Gorsuch OT 2018

Holding: Title 18 U. S. C. §924(c)(3)(B), which provides enhanced penalties for using a firearm during a “crime of violence,” is unconstitutionally vague.

Judgment: Affirmed in part, vacated in part, and remanded, 5-4, in an opinion by Justice Gorsuch on June 24, 2019. Justice Kavanaugh filed a dissenting opinion, in which Justices Thomas and Alito joined, and in which Chief Justice Roberts joined as to all but Part II-C.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 03 2018Petition for a writ of certiorari filed. (Response due November 2, 2018)
Oct 16 2018Letter of October 16, 2018 from the Solicitor General filed.
Oct 22 2018Motion to extend the time to file a response from November 2, 2018 to December 3, 2018, submitted to The Clerk.
Oct 25 2018Motion to extend the time to file a response is granted and the time is extended to and including December 3, 2018.
Nov 01 2018Motion to extend the time to file a response from November 2, 2018 to December 3, 2018, submitted to The Clerk.
Nov 05 2018Motion to extend the time to file a response is granted and the time is extended to and including December 3, 2018.
Nov 30 2018Brief of respondent Andre Levon Glover in opposition filed.
Nov 30 2018Motion for leave to proceed in forma pauperis filed by respondent Andre Levon Glover.
Nov 30 2018Brief of respondent Maurice Lamont Davis in opposition filed.
Dec 03 2018Motion for leave to proceed in forma pauperis filed by respondent Maurice Lamont Davis.
Dec 19 2018DISTRIBUTED for Conference of 1/4/2019.
Dec 19 2018Reply of petitioner United States filed. (Distributed)
Jan 04 2019Motion for leave to proceed in forma pauperis filed by respondent Maurice Lamont Davis GRANTED.
Jan 04 2019Motion for leave to proceed in forma pauperis filed by respondent Andre Levon Glover GRANTED.
Jan 04 2019Petition GRANTED.
Jan 29 2019Motion to dispense with printing the joint appendix filed by petitioner United States.
Feb 11 2019SET FOR ARGUMENT on Wednesday, April 17, 2019
Feb 12 2019Brief of petitioner United States filed.
Feb 19 2019Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Mar 14 2019Brief of Maurice Lamont Davis, et al. not accepted for filing. (Corrected brief submitted.) (March 18, 2019)
Mar 14 2019Brief of respondents Maurice Lamont Davis, et al. filed.
Mar 20 2019CIRCULATED
Mar 21 2019Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Mar 21 2019Record requested from the U.S.C.A. 5th Circuit.
Mar 21 2019Brief amicus curiae of FAMM filed. (Distributed)
Mar 21 2019Brief amicus curiae of National Association of Federal Defenders filed. (Distributed)
Apr 05 2019Reply of petitioner United States filed. (Distributed)
Apr 05 2019Motion to appoint counsel filed by respondent Andre Levon Glover.
Apr 17 2019Argued. For petitioner: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Brandon E. Beck, Assistant Federal Public Defender, Lubbock, Tex.
Apr 17 2019Motion DISTRIBUTED for Conference of 5/9/2019.
May 13 2019Motion to appoint counsel GRANTED, and J. Joseph Mongaras, Esq., of Dallas, Texas, is appointed to serve as counsel for respondent Andre L. Glover.
Jun 24 2019Adjudged to be AFFIRMED IN PART, VACATED IN PART, and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Kavanaugh, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined, and in which Roberts, C. J., joined as to all but Part II–C.
Jul 26 2019JUDGMENT ISSUED.