No. 18-9185

Bobby Martin v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-05-08
Status: GVR
Type: IFP
IFP
Tags: 18-usc-16 18-usc-924 constitutional-challenge criminal-law due-process residual-clause sentencing sessions-v-dimaya statutory-interpretation supreme-court supreme-court-precedent void-for-vagueness
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether reasonable jurists could debate whether Sessions v. Dimaya and Johnson v United States invalidated the residual clause in 18 U.S.C. § 924(c)(3)(B)

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW I, Whether reasonable jurists could debate whether Sessions v. Dimaya 188 S. Ct. 1204 (2018) and Johnson v United States, 135 S.Ct. 2551 (2015) invalidated the residual clause in 18 U.S.C. § 924(¢)(3)(B) IL. Whether the residual of 18 U.S.C. § 924(c)(8)(B) is unconstitutionally void for vagueness for the same reasons that this Court found 18 U.S.C. § 16(b) void vagueness in Dimaya i INTERESTED PARTIES There are no

Docket Entries

2019-11-08
JUDGMENT ISSUED.
2019-10-07
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). Justice Kagan took no part in the consideration or decision of this motion and this petition.
2019-09-13
Reply of petitioner Bobby Martin filed. (DISTRIBUTED)
2019-07-25
DISTRIBUTED for Conference of 10/1/2019.
2019-07-08
Memorandum of respondent United States of America filed.
2019-05-31
Motion to extend the time to file a response is granted and the time is extended to and including July 8, 2019.
2019-05-29
Motion to extend the time to file a response from June 7, 2019 to July 8, 2019, submitted to The Clerk.
2019-05-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 7, 2019)
2019-04-02
Application (18A997) granted by Justice Thomas extending the time to file until May 9, 2019.
2019-03-28
Application (18A997) to extend the time to file a petition for a writ of certiorari from April 9, 2019 to May 9, 2019, submitted to Justice Thomas.

Attorneys

Bobby Martin
Daryl Elliott WilcoxFederal Public Defender, Petitioner
Daryl Elliott WilcoxFederal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent