No. 18-7470

Carl Lee Williams v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-01-17
Status: Denied
Type: IFP
IFP
Tags: 18-usc-2119 18-usc-924(c) 18-usc-924c carjacking categorical-approach crimes-of-violence criminal-law federal-carjacking intimidation physical-force residual-clause sessions-v-dimaya statutory-interpretation stokeling-v-united-states vagueness vagueness-doctrine
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-04-26
Question Presented (AI Summary)

Whether federal carjacking by way of intimidation is a crime of violence under 18 U.S.C. § 924(c)(8)(A)'s force clause

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Petitioner Carl Lee Williams pleaded guilty to (1) federal carjacking in violation of 18 U.S.C. § 2119 and (2) unlawfully brandishing a firearm during the commission of a “crime of violence” (in relation to the federal carjacking conviction) in violation of 18 U.S.C. § 924(c). Mr. Williams later filed a motion to vacate his brandishing sentence under 28 U.S.C. § 2255, arguing that, in light of United States v. Johnson, 135 S.Ct. 2551 (2015) (“Samuel Johnson’), his § 924(c) conviction was longer enforceable. The district court denied his motion and the Eleventh Circuit affirmed that decision. Petitioner Williams now presents the following questions: 1. Is federal carjacking by way of intimidation a crime of violence as defined in 18 U.S.C. § 924(c)(8)(A)’s force clause? 2. In light of this Court’s recent decision in Sessions v. Dimaya, 138 S.Ct. 1204 (2018) (finding that 18 U.S.C. § 16’s residual clause could only be applied and interpreted using the “categorical approach” and that the clause was therefore unconstitutionally vague), is 18 U.S.C. § 924(c)(3)(B)’s identically-worded residual clause also unconstitutional? -ii

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-04-03
Reply of petitioner Carl Williams filed.
2019-03-21
Memorandum of respondent United States of America filed.
2019-02-15
Motion to extend the time to file a response is granted and the time is extended to and including March 21, 2019.
2019-02-13
Motion to extend the time to file a response from February 19, 2019 to March 21, 2019, submitted to The Clerk.
2019-01-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 19, 2019)

Attorneys

Carl Williams
Deric ZaccaDeric Zacca, P.A., Petitioner
Deric ZaccaDeric Zacca, P.A., Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent