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United States v. Herrold

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Petition granted, judgment vacated and case remanded for further consideration in light of Quarles v. United States on June 17, 2019.
Docket No. Op. Below Argument Opinion Vote Author Term
17-1445 5th Cir. N/A N/A N/A N/A OT 2018

Issue: Whether a state offense that criminalizes continued unpermitted presence in a dwelling following the formation of intent to commit a crime has “the basic elements of unlawful . . . remaining in . . . a building or structure, with intent to commit a crime” thereby qualifying as “burglary” under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(ii).

DateProceedings and Orders (key to color coding)
Apr 18 2018Petition for a writ of certiorari filed. (Response due May 21, 2018)
May 21 2018Brief of respondent Michael Herrold in opposition filed.
May 21 2018Motion for leave to proceed in forma pauperis filed by respondent Michael Herrold.
May 21 2018Conditional Cross-Petition for a Writ of Certiorari of Michael Herrold not accepted for filing. (May 29, 2018)
Jun 05 2018Reply of petitioner United States 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.
Jun 05 2019Supplemental brief of respondent Michael Herrold filed.
Jun 10 2019DISTRIBUTED for Conference of 6/13/2019.
Jun 17 2019Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jun 17 2019Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Quarles v. United States, 587 U. S. ___ (2019).
Jul 19 2019JUDGMENT ISSUED.