No. 18-7712

Andre Mims v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-02-01
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 18-usc-924 certificate-of-appealability circuit-precedent constitutional-interpretation crime-of-violence criminal-law due-process hobbs-act-robbery johnson-v-united-states sessions-v-dimaya statutory-vagueness vagueness
Key Terms:
DueProcess HabeasCorpus Securities
Latest Conference: 2019-03-01
Question Presented (AI Summary)

Is the definition of 'crime of violence' in 18 U.S.C. § 924(c)(3)(B) unconstitutionally vague?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Is the definition of “crime of violence” in 18 U.S.C. § 924(c)(3)(B) unconstitutionally vague, given the Court’s holding in Sessions v. Dimaya, 138 S.Ct. 1204 (2018) that the identical definition in 18 U.S.C. § 16(b) is unconstitutionally vague in light of Johnson v. United States, 135 §.Ct. 2551 (2015)? 2. Can a Hobbs Act robbery under 18 U.S.C. § 1951(b) categorically be a “crime of violence” as defined in 18 U.S.C. § 924(c)(3)(A), if the offense is indivisible, and juries in three circuits are routinely instructed according to those circuits’ pattern instructions that the “property” taken may include “intangible rights” and the offense may be committed by simply causing the victim to “fear harm” which includes “fear of financial loss as well as fear of physical violence”? 38. Did the Eleventh Circuit err under Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003) and Buck v. Davis, 137 S.Ct. 759, 773-74 (2017) in denying Petitioner a certificate of appealability based upon adverse circuit precedent, when all of the above issues are nonetheless debatable among reasonable jurists? i INTERESTED PARTIES There are no

Docket Entries

2019-03-04
Petition DENIED.
2019-02-14
DISTRIBUTED for Conference of 3/1/2019.
2019-02-08
Waiver of right of respondent United States to respond filed.
2019-01-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2019)

Attorneys

Andre Mims
Brenda Greenberg BrynFederal Public Defender, Petitioner
Brenda Greenberg BrynFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent