Skip to content

United States v. Herrold

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)
04/18/2018Petition for a writ of certiorari filed. (Response due May 21, 2018)
05/21/2018Brief of respondent Michael Herrold in opposition filed.
05/21/2018Motion for leave to proceed in forma pauperis filed by respondent Michael Herrold.
05/21/2018Conditional Cross-Petition for a Writ of Certiorari of Michael Herrold not accepted for filing. (May 29, 2018)
06/05/2018Reply of petitioner United States filed.
06/20/2018DISTRIBUTED for Conference of 9/24/2018.
12/20/2018DISTRIBUTED for Conference of 1/4/2019.
01/07/2019DISTRIBUTED for Conference of 1/11/2019.
06/05/2019Supplemental brief of respondent Michael Herrold filed.
06/10/2019DISTRIBUTED for Conference of 6/13/2019.
06/17/2019Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
06/17/2019Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Quarles v. United States, 587 U. S. ___ (2019).
07/19/2019JUDGMENT ISSUED.