No. 18-6985

Dwayne Barrett, aka Sealed Defendant 3, aka Tall Man v. United States

Lower Court: Second Circuit
Docketed: 2018-12-11
Status: GVR
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: circuit-split constitutional-challenge criminal-law due-process federal-statute sentencing statutory-interpretation vagueness-doctrine void-for-vagueness
Key Terms:
DueProcess
Latest Conference: 2019-06-27 (distributed 2 times)
Question Presented (AI Summary)

Whether the residual clause at 18 U.S.C. § 924(c)(3)(B) is void for vagueness

Question Presented (from Petition)

QUESTION PRESENTED Whether the residual clause at 18 U.S.C. § 924(c)(3)(B) is void for vagueness, a question that evenly divides six Courts of Appeals. i

Docket Entries

2019-07-30
JUDGMENT ISSUED.
2019-06-28
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 United States v. Davis, 588 U. S. ___ (2019).
2019-06-26
DISTRIBUTED for Conference of 6/27/2019.
2019-02-14
DISTRIBUTED for Conference of 3/1/2019.
2019-02-11
Memorandum of respondent United States filed.
2019-02-11
Letter waiving the 14-day waiting period under Rule 15.5 filed by petitioner.
2019-01-07
Motion to extend the time to file a response is granted and the time is extended to and including February 11, 2019.
2019-01-03
Motion to extend the time to file a response from January 10, 2019 to February 11, 2019, submitted to The Clerk.
2019-01-03
Response to motion from petitioner Dwayne Barrett filed.
2018-12-20
Supplemental brief of petitioner Dwayne Barrett filed.
2018-12-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 10, 2019)

Attorneys

Dwayne Barrett
Matthew B. LarsenFederal Defenders of New York, Petitioner
Matthew B. LarsenFederal Defenders of New York, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent