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Davis v. United States

Docket No.19-5421
Op. Below5th Cir.

Holding

There is no legal basis for the U.S. Court of Appeals for the 5th Circuit's practice of declining to review certain unpreserved factual arguments for plain error.

Judgment

Vacated and remanded, N/A on Mar 23, 2020.

Proceedings & orders timeline

Jul 29, 2019
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2019)
Aug 7, 2019
Waiver of right of respondent United States to respond filed.
Aug 15, 2019
DISTRIBUTED for Conference of 10/1/2019.
Aug 22, 2019
Response Requested. (Due September 23, 2019)
Sep 20, 2019
Motion to extend the time to file a response from September 23, 2019 to October 23, 2019, submitted to The Clerk.
Sep 23, 2019
Motion to extend the time to file a response is granted and the time is extended to and including October 23, 2019.
Oct 18, 2019
Motion to extend the time to file a response from October 23, 2019 to November 22, 2019, submitted to The Clerk.
Oct 21, 2019
Motion to extend the time to file a response is granted and the time is further extended to and including November 22, 2019.
Oct 25, 2019
Motion to extend the time to file a response from November 22, 2019 to December 6, 2019, submitted to The Clerk.
Oct 25, 2019
Motion to extend the time to file a response is granted and the time is further extended to and including December 6, 2019.
Dec 6, 2019
Brief of respondent United States in opposition filed.
Dec 23, 2019
DISTRIBUTED for Conference of 1/10/2020.
Dec 23, 2019
Reply of petitioner Charles Earl Davis filed. (Distributed)
Jan 8, 2020
Rescheduled.
Jan 30, 2020
DISTRIBUTED for Conference of 2/21/2020.
Feb 24, 2020
DISTRIBUTED for Conference of 2/28/2020.
Mar 2, 2020
DISTRIBUTED for Conference of 3/6/2020.
Mar 16, 2020
DISTRIBUTED for Conference of 3/20/2020.
Mar 23, 2020
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further proceedings consistent with this opinion. Opinion per curiam. (Detached Opinion)
Apr 24, 2020
JUDGMENT ISSUED.

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