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United States v. Davis

Docket No.18-431
Op. Below5th Cir.
ArgumentApr 17, 2019

Holding

18 U.S.C. § 924(c)(3)(B), which provides enhanced penalties for using a firearm during a "crime of violence," is unconstitutionally vague.

Judgment

Affirmed in part, vacated in part, and remanded, 5-4, in an opinion by Neil Gorsuch on Jun 24, 2019. Justice Kavanaugh filed a dissenting opinion, in which Justices Thomas and Alito joined, and in which Chief Justice Roberts joined as to all but Part II–C.

Proceedings & orders timeline

Oct 3, 2018
Petition for a writ of certiorari filed. (Response due November 2, 2018)
Oct 16, 2018
Letter of October 16, 2018 from the Solicitor General filed.
Oct 22, 2018
Motion to extend the time to file a response from November 2, 2018 to December 3, 2018, submitted to The Clerk.
Oct 25, 2018
Motion to extend the time to file a response is granted and the time is extended to and including December 3, 2018.
Nov 1, 2018
Motion to extend the time to file a response from November 2, 2018 to December 3, 2018, submitted to The Clerk.
Nov 5, 2018
Motion to extend the time to file a response is granted and the time is extended to and including December 3, 2018.
Nov 30, 2018
Brief of respondent Andre Levon Glover in opposition filed.
Nov 30, 2018
Motion for leave to proceed in forma pauperis filed by respondent Andre Levon Glover.
Nov 30, 2018
Brief of respondent Maurice Lamont Davis in opposition filed.
Dec 3, 2018
Motion for leave to proceed in forma pauperis filed by respondent Maurice Lamont Davis.
Dec 19, 2018
DISTRIBUTED for Conference of 1/4/2019.
Dec 19, 2018
Reply of petitioner United States filed. (Distributed)
Jan 4, 2019
Motion for leave to proceed in forma pauperis filed by respondent Maurice Lamont Davis GRANTED.
Jan 4, 2019
Motion for leave to proceed in forma pauperis filed by respondent Andre Levon Glover GRANTED.
Jan 4, 2019
Petition GRANTED.
Jan 29, 2019
Motion to dispense with printing the joint appendix filed by petitioner United States.
Feb 11, 2019
SET FOR ARGUMENT on Wednesday, April 17, 2019
Feb 12, 2019
Brief of petitioner United States filed.
Feb 19, 2019
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Mar 14, 2019
Brief of Maurice Lamont Davis, et al. not accepted for filing. (Corrected brief submitted.) (March 18, 2019)
Mar 14, 2019
Brief of respondents Maurice Lamont Davis, et al. filed.
Mar 20, 2019
CIRCULATED
Mar 21, 2019
Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Mar 21, 2019
Record requested from the U.S.C.A. 5th Circuit.
Mar 21, 2019
Brief amicus curiae of FAMM filed. (Distributed)
Mar 21, 2019
Brief amicus curiae of National Association of Federal Defenders filed. (Distributed)
Apr 5, 2019
Reply of petitioner United States filed. (Distributed)
Apr 5, 2019
Motion to appoint counsel filed by respondent Andre Levon Glover.
Apr 17, 2019
Argued. For petitioner: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Brandon E. Beck, Assistant Federal Public Defender, Lubbock, Tex.
Apr 17, 2019
Motion DISTRIBUTED for Conference of 5/9/2019.
May 13, 2019
Motion to appoint counsel GRANTED, and J. Joseph Mongaras, Esq., of Dallas, Texas, is appointed to serve as counsel for respondent Andre L. Glover.
Jun 24, 2019
Adjudged to be AFFIRMED IN PART, VACATED IN PART, and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Kavanaugh, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined, and in which Roberts, C. J., joined as to all but Part II–C.
Jul 26, 2019
JUDGMENT ISSUED.

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