No. 18-6859

James Myers v. United States

Lower Court: Eighth Circuit
Docketed: 2018-11-28
Status: GVR
Type: IFP
Response RequestedResponse WaivedRelisted (3)IFP
Tags: armed-career-criminal-act criminal-law criminal-sentencing divisibility enumerated-offenses force-clause mathis-principles mathis-v-united-states statutory-divisibility statutory-interpretation violent-felony
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-05-09 (distributed 3 times)
Question Presented (AI Summary)

Whether the principles regarding a statute's divisibility announced in Mathis v. United States apply to offenses analyzed under the 'force clause' and 'enumerated offenses' of the Armed Career Criminal Act

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW L Do the principles regarding a statute’s divisibility announced in Mathis v. United States, 136 S. Ct. 2243 (2016), apply both to offenses analyzed under the “force clause” of 18 U.S.C. § 924(e)(2)(B)G) and those analyzed as “enumerated offenses” under § 924(e)(2)(B)(Gi)? I. Does the offense of first-degree terroristic threatening under Ark. Code Ann. § 5-13-301(a)(1)(A) qualify as a violent felony under the Armed Career Criminal Act? ii

Docket Entries

2019-06-17
JUDGMENT ISSUED.
2019-05-13
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of the position asserted by the Solicitor General in his brief for the United States filed on March 21, 2019. The Chief Justice, with whom Justice Thomas, Justice Alito, and Justice Kavanaugh join, dissenting. (Detached <a href = 'https://www.supremecourt.gov/opinions/18pdf/18-6859_b07d.pdf'>Opinion</a>)
2019-05-06
DISTRIBUTED for Conference of 5/9/2019.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-03-21
Brief of respondent United States in opposition filed.
2019-02-13
Motion to extend the time to file a response is granted and the time is further extended to and including March 21, 2019.
2019-02-12
Motion to extend the time to file a response from February 19, 2019 to March 21, 2019, submitted to The Clerk.
2019-01-15
Motion to extend the time to file a response from January 18, 2019 to February 19, 2019, submitted to The Clerk.
2019-01-15
Motion to extend the time to file a response is granted and the time is extended to and including February 19, 2019.
2018-12-19
Response Requested. (Due January 18, 2019)
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-12-10
Waiver of right of respondent United States to respond filed.
2018-11-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 28, 2018)

Attorneys

James Myers
Christopher Aaron HoltFederal Public Defender's Office, Petitioner
Christopher Aaron HoltFederal Public Defender's Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent