No. 18-8892

Carlos Hernandez Machin v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-04-18
Status: Denied
Type: IFP
IFP
Tags: appellate-review certificate-of-appealability circuit-split constitutional-vagueness criminal-law criminal-statute due-process mandatory-minimum residual-clause samuel-johnson sessions-v-dimaya statutory-interpretation supreme-court-precedent vagueness
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the Eleventh Circuit's denial of a certificate of appealability is in conflict with this Court's precedent when reasonable jurists are currently debating whether § 924(c)'s residual clause, 18 U.S.C. § 924(c)(8)(B), is unconstitutionally vague after Samuel Johnson v. United States, 135 S. Ct. 2551 (2015) and Sessions v. Dimaya, 138 S. Ct. 1204 (2018)

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW 18 U.S.C. § 924(c) criminalizes possessing a firearm during and in relation to a crime of violence. A first conviction carries a five-year mandatory minimum penalty. This petition presents the following question: Whether the Eleventh Circuit’s denial of a certificate of appealability is in conflict with this Court’s precedent when reasonable jurists are currently debating whether § 924(c)’s residual clause, 18 U.S.C. § 924(¢)(8)(B), is unconstitutionally vague after Samuel Johnson v. United States, 135 8. Ct. 2551 (2015) and Sessions v. Dimaya, 138 S. Ct. 1204 (2018)? ii INTERESTED PARTIES There are no

Docket Entries

2019-10-07
Petition DENIED.
2019-07-05
DISTRIBUTED for Conference of 10/1/2019.
2019-06-19
Memorandum of respondent United States of America filed.
2019-05-15
Motion to extend the time to file a response is granted and the time is extended to and including June 19, 2019.
2019-05-14
Motion to extend the time to file a response from May 20, 2019 to June 19, 2019, submitted to The Clerk.
2019-04-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 20, 2019)

Attorneys

Carlos Hernandez Machin
M. Caroline McCraeFederal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent