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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.17-1445
Op. Below5th Cir.

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).

Proceedings & orders timeline

Apr 18, 2018
Petition for a writ of certiorari filed. (Response due May 21, 2018)
May 21, 2018
Brief of respondent Michael Herrold in opposition filed.
May 21, 2018
Motion for leave to proceed in forma pauperis filed by respondent Michael Herrold.
May 21, 2018
Conditional Cross-Petition for a Writ of Certiorari of Michael Herrold not accepted for filing. (May 29, 2018)
Jun 5, 2018
Reply of petitioner United States filed.
Jun 20, 2018
DISTRIBUTED for Conference of 9/24/2018.
Dec 20, 2018
DISTRIBUTED for Conference of 1/4/2019.
Jan 7, 2019
DISTRIBUTED for Conference of 1/11/2019.
Jun 5, 2019
Supplemental brief of respondent Michael Herrold filed.
Jun 10, 2019
DISTRIBUTED for Conference of 6/13/2019.
Jun 17, 2019
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jun 17, 2019
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Quarles v. United States, 587 U. S. ___ (2019).
Jul 19, 2019
JUDGMENT ISSUED.

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