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Gonzalez-Longoria v. United States

Petition granted, judgment vacated and case remanded for further consideration in light of Sessions v. Dimaya.

Docket No.16-6259
Op. Below5th Cir.

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.

Proceedings & orders timeline

Sep 29, 2016
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 31, 2016)
Oct 27, 2016
Order extending time to file response to petition to and including November 30, 2016.
Nov 23, 2016
Memorandum of respondent United States filed.
Dec 8, 2016
DISTRIBUTED for Conference of January 6, 2017.
Apr 17, 2018
DISTRIBUTED for Conference of 4/20/2018.
Apr 23, 2018
DISTRIBUTED for Conference of 4/27/2018.
May 7, 2018
DISTRIBUTED for Conference of 5/10/2018.
May 14, 2018
Petition DENIED.
May 21, 2018
Petition for Rehearing filed.
May 29, 2018
DISTRIBUTED for Conference of 6/14/2018.
Jun 18, 2018
The petition for rehearing is granted. The order entered May 14, 2018, denying the petition for a writ of certiorari is vacated. The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Sessions v. Dimaya, 584 U. S. ____ (2018).
Jul 20, 2018
JUDGMENT ISSUED.

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