Garcia-Hernandez 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 |
|---|---|
| 07/20/2017 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 23, 2017) |
| 08/16/2017 | Order extending time to file response to petition to and including September 22, 2017. |
| 09/22/2017 | Memorandum of respondent United States filed. |
| 09/29/2017 | Reply of petitioner Rolando D. Garcia-Hernandez filed. |
| 10/05/2017 | DISTRIBUTED for Conference of 10/27/2017. |
| 04/17/2018 | DISTRIBUTED for Conference of 4/20/2018. |
| 04/23/2018 | DISTRIBUTED for Conference of 4/27/2018. |
| 05/07/2018 | DISTRIBUTED for Conference of 5/10/2018. |
| 05/14/2018 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Sessions v. Dimaya, 584 U. S. ____ (2018). |
| 06/15/2018 | JUDGMENT ISSUED. |