Bello v. United States
Petition granted, judgment vacated, and case remanded for further consideration in light of Sessions v. Dimaya on May 14, 2018.
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.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Jan 19 2017 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 23, 2017) |
| Feb 15 2017 | Order extending time to file response to petition to and including March 27, 2017. |
| Feb 23 2017 | Memorandum of respondent United States filed. |
| Mar 09 2017 | DISTRIBUTED for Conference of March 24, 2017. |
| Apr 17 2018 | DISTRIBUTED for Conference of 4/20/2018. |
| Apr 23 2018 | DISTRIBUTED for Conference of 4/27/2018. |
| May 07 2018 | DISTRIBUTED for Conference of 5/10/2018. |
| May 14 2018 | The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari as to Daniel G. Bello, Fidel Flores, Jose S. Olivarez, Rudy Martinez-Castillo, Lugardo Vazquez-Hernandez, Angel D. Sanabia-Sanchez, Lino I. Carrillo-Hernandez, and Hector A. Cabrera are granted. The judgments are vacated, and the cases are 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). The petition for a writ of certiorari as to Genaro Mayorga-Salazar, Mario A. Amaya-Guerrero, Rudith V. Guerrero-Araniva, Tito Olvera-Castro, Carlos Trejo-Dominguez, Evaristo Reyes-Diaz, and Francisco D. Trevino-Rodriguez is denied. |
| Jun 15 2018 | JUDGMENT ISSUED. |
