No. 18-9266

Daniel Rodriguez v. United States

Lower Court: Third Circuit
Docketed: 2019-05-14
Status: GVR
Type: IFP
IFP Experienced Counsel
Tags: 18-usc-924(c) 18-usc-924(c)(3)(B) categorical-approach conduct-based-approach constitutional-law crime-of-violence criminal-law due-process johnson-v-united-states sentencing-guidelines sessions-v-dimaya statutory-interpretation vagueness-doctrine void-for-vagueness
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the residual clause in Section 924(c)(3)(B) is void for vagueness

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioners were convicted of conspiring to commit Hobbs Act robbery and conspiring to possess a firearm in furtherance of crimes of violence. The district court held that these offenses did not satisfy the definition of a crime of violence under the force clause in 18 U.S.C. § 924(c)(3)(A), but that they did satisfy the definition in the residual clause in (c)(3)(B). The questions presented are thus: 1. Whether the residual clause in Section 924(c)(3)(B) is void for vagueness based on the holdings in Johnson v. United States, 135 S. Ct. 2551 (2015) and Sessions v. Dimaya, 138 S. Ct. 1204 (2018); 2. and, if so, whether the unconstitutional vagueness of the residual clause in Section 924(c)(3)(B) can be cured by resort to a conduct-based approach instead of the categorical approach? 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.
2019-07-15
Memorandum of respondent United States of America filed.
2019-07-10
Letter of July 10, 2019 from counsel for petitioners filed. (Distributed August 20, 2019)
2019-06-05
Motion to extend the time to file a response is granted and the time is extended to and including July 15, 2019.
2019-06-04
Motion to extend the time to file a response from June 13, 2019 to July 15, 2019, submitted to The Clerk.
2019-05-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 13, 2019)

Attorneys

Daniel Rodriguez, et al.
Frederick William UlrichFederal Public Defender's Office, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent