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Garcia-Hernandez v. United States

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Petition granted, judgment vacated and case remanded for further consideration in light of Sessions v. Dimaya on May 14, 2018.
Docket No. Op. Below Argument Opinion Vote Author Term
17-5305 5th Cir. N/A N/A N/A N/A OT 2017

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.

DateProceedings and Orders (key to color coding)
Jul 20 2017Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 23, 2017)
Aug 16 2017Order extending time to file response to petition to and including September 22, 2017.
Sep 22 2017Memorandum of respondent United States filed.
Sep 29 2017Reply of petitioner Rolando D. Garcia-Hernandez filed.
Oct 05 2017DISTRIBUTED for Conference of 10/27/2017.
Apr 17 2018DISTRIBUTED for Conference of 4/20/2018.
Apr 23 2018DISTRIBUTED for Conference of 4/27/2018.
May 07 2018DISTRIBUTED for Conference of 5/10/2018.
May 14 2018Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Sessions v. Dimaya, 584 U. S. ____ (2018).
Jun 15 2018JUDGMENT ISSUED.