No. 18-5061

Travis Horne v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-06-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-16b 18-usc-924c appealability circuit-split constitutional-vagueness criminal-law criminal-law-procedure criminal-statute due-process force-definition johnson-v-united-states residual-clause sessions-v-dimaya vagueness vagueness-doctrine violent-crime
Key Terms:
HabeasCorpus Securities
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether § 924(c)'s residual clause, 18 U.S.C. § 924(c)(3)(B), is unconstitutionally vague after Johnson v. United States, 1385 S. Ct. 2551 (2015) and Sessions v. Dimaya, ___ U.S. __, 188 8. Ct. 1204 (2018)

Question Presented (OCR Extract)

QUESTIONS PRESENTED This petition presents another in the recurring series of questions about the validity of a so-called “residual clause,” categorizing which offenses constitute crimes of violence—this time in the context of 18 U.S.C. § 924(c). Section 924(c)’s residual clause is identical to that of 18 U.S.C. § 16(b), that was recently held to be unconstitutionally vague in Sessions v. Dimaya, __ U.S. __, 138 8. Ct. 1204 (2018). Despite the identical wording of the two clauses, the Circuits remain split as to whether the residual clause in § 924(c), too, has been dealt a fatal blow. This petition presents the following questions: I. Whether § 924(c)’s residual clause, 18 U.S.C. § 924(c)(3)(B), is unconstitutionally vague after Johnson v. United States, 1385 S. Ct. 2551 (2015) (Samuel Johnson), and Sessions v. Dimaya, ___ U.S. __, 188 8. Ct. 1204 (2018). I. Whether carjacking (18 U.S.C. § 2119), which may be committed by intimidation alone, has as an element “the use . . . of physical force against the person or property of another,” under 18 U.S.C. § 924(c)(3)(A). Il. Whether the Eleventh Circuit’s rule that reasonable jurists could not debate an issue foreclosed by binding circuit precedent misapplies the standard articulated by this Court in Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003), and more recently in Buck v. Davis, 137 8. Ct. 759, 773-74 (2017), for determining whether a movant has made the threshold showing necessary to obtain a certificate of appealability (COA). i INTERESTED PARTIES There are no

Docket Entries

2018-10-01
Petition DENIED.
2018-07-12
DISTRIBUTED for Conference of 9/24/2018.
2018-07-10
Waiver of right of respondent United States to respond filed.
2018-06-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 30, 2018)

Attorneys

Travis Horne
Abigail Emily BeckerFederal Public Defender, Southern District of Florida, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent