No. 18-9244

Danny Herrera v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-05-13
Status: GVR
Type: IFP
IFP
Tags: and whether a conspiracy to commit Hobbs Act robb 18-usc-924 conspiracy constitutional-challenge constitutional-law crime-of-violence criminal-law due-process hobbs-act hobbs-act-robbery residual-clause sessions-v-dimaya statutory-vagueness vagueness
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the residual clause in 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the residual clause in 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague in light of Sessions v. Dimaya, 138 S. Ct. 1204 (2018)? If a conduct-based approach applies, whether a conspiracy to commit Hobbs Act robbery charge based on a stash-house robbery sting qualifies as a crime of violence? i

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).
2019-08-01
DISTRIBUTED for Conference of 10/1/2019.
2019-07-26
Reply of petitioner Danny Herrera filed. (Distributed)
2019-07-12
Memorandum of respondent United States of America filed.
2019-06-05
Motion to extend the time to file a response is granted and the time is extended to and including July 12, 2019.
2019-06-04
Motion to extend the time to file a response from June 12, 2019 to July 12, 2019, submitted to The Clerk.
2019-05-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 12, 2019)
2019-03-26
Application (18A971) granted by Justice Thomas extending the time to file until May 10, 2019.
2019-03-22
Application (18A971) to extend the time to file a petition for a writ of certiorari from April 10, 2019 to May 10, 2019, submitted to Justice Thomas.

Attorneys

Danny Herrera
Sarah Ann Brewerton-PalmerCaplan Cobb LLP, Petitioner
Sarah Ann Brewerton-PalmerCaplan Cobb LLP, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent