United States v. Davis
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 18-431 | Apr 17, 2019 | Jun 24, 2019 | 5-4 | Gorsuch | OT 2018 |
Holding: Title 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 Justice Gorsuch on June 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.
SCOTUSblog Coverage
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- Petitions of the week (Aurora Barnes, November 15, 2018)
| Date | Proceedings and Orders |
|---|---|
| 10/03/2018 | Petition for a writ of certiorari filed. (Response due November 2, 2018) |
| 10/16/2018 | Letter of October 16, 2018 from the Solicitor General filed. |
| 10/22/2018 | Motion to extend the time to file a response from November 2, 2018 to December 3, 2018, submitted to The Clerk. |
| 10/25/2018 | Motion to extend the time to file a response is granted and the time is extended to and including December 3, 2018. |
| 11/01/2018 | Motion to extend the time to file a response from November 2, 2018 to December 3, 2018, submitted to The Clerk. |
| 11/05/2018 | Motion to extend the time to file a response is granted and the time is extended to and including December 3, 2018. |
| 11/30/2018 | Brief of respondent Andre Levon Glover in opposition filed. |
| 11/30/2018 | Motion for leave to proceed in forma pauperis filed by respondent Andre Levon Glover. |
| 11/30/2018 | Brief of respondent Maurice Lamont Davis in opposition filed. |
| 12/03/2018 | Motion for leave to proceed in forma pauperis filed by respondent Maurice Lamont Davis. |
| 12/19/2018 | DISTRIBUTED for Conference of 1/4/2019. |
| 12/19/2018 | Reply of petitioner United States filed. (Distributed) |
| 01/04/2019 | Motion for leave to proceed in forma pauperis filed by respondent Maurice Lamont Davis GRANTED. |
| 01/04/2019 | Motion for leave to proceed in forma pauperis filed by respondent Andre Levon Glover GRANTED. |
| 01/04/2019 | Petition GRANTED. |
| 01/29/2019 | Motion to dispense with printing the joint appendix filed by petitioner United States. |
| 02/11/2019 | SET FOR ARGUMENT on Wednesday, April 17, 2019 |
| 02/12/2019 | Brief of petitioner United States filed. |
| 02/19/2019 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 03/14/2019 | Brief of Maurice Lamont Davis, et al. not accepted for filing. (Corrected brief submitted.) (March 18, 2019) |
| 03/14/2019 | Brief of respondents Maurice Lamont Davis, et al. filed. |
| 03/20/2019 | CIRCULATED |
| 03/21/2019 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed) |
| 03/21/2019 | Record requested from the U.S.C.A. 5th Circuit. |
| 03/21/2019 | Brief amicus curiae of FAMM filed. (Distributed) |
| 03/21/2019 | Brief amicus curiae of National Association of Federal Defenders filed. (Distributed) |
| 04/05/2019 | Reply of petitioner United States filed. (Distributed) |
| 04/05/2019 | Motion to appoint counsel filed by respondent Andre Levon Glover. |
| 04/17/2019 | 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. |
| 04/17/2019 | Motion DISTRIBUTED for Conference of 5/9/2019. |
| 05/13/2019 | Motion to appoint counsel GRANTED, and J. Joseph Mongaras, Esq., of Dallas, Texas, is appointed to serve as counsel for respondent Andre L. Glover. |
| 06/24/2019 | 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. |
| 07/26/2019 | JUDGMENT ISSUED. |