Enix 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 residual clause of 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague; (2) whether conspiracy to commit Hobbs Act robbery has as an element "the use ... of physical force against the person or property of another," 18 U.S.C. § 924(c)(3)(A); and (3) whether the U.S. Court of Appeals fo the 11th Circuit"s rule that reasonable jurists could not debate an issue foreclosed by binding circuit precedent, even when a judge on the panel issued the binding precedent and subsequently stated that the panel"s decision may be erroneous, misapplies the standard articulated by the Supreme Court in Miller-El v. Cockrell and Buck v. Davis for determining whether a movant has made the threshold showing for a certificate of appealability.
Recommended Citation: Enix v. United States, SCOTUSblog, https://www.scotusblog.com/cases/enix-v-united-states/