Lin v. United States
Petition granted, judgment vacated and case remanded for further consideration in light of Sessions v. Dimaya on May 14, 2018.
Issue: (1) Whether the analysis of whether a predicate act constitutes a "crime of violence" under the language of 18 U.S.C. § 924(c)(3)(B) must comport with the Supreme Court"s jurisprudence regarding the Armed Career Criminal Act"s residual clause, 18 U.S.C. § 924(e)(2)(B)(ii), as the U.S. Courts of Appeals for the 3rd, 7th and 9th Circuits have held, in conflict with the rulings of the U.S. Courts of Appeals for the 2nd, 6th, 8th and 11th Circuits; and (2) whether the "ordinary case" methodology survived Johnson v. United States for purposes of statutes other than the Armed Career Criminal Act, 18 U.S.C. § 924(e).
| Date | Proceedings and Orders |
|---|---|
| 08/28/2017 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 29, 2017) |
| 09/21/2017 | Order extending time to file response to petition to and including October 30, 2017. |
| 10/30/2017 | Memorandum of respondent United States filed. |
| 11/15/2017 | DISTRIBUTED for Conference of 12/1/2017. |
| 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. |