No. 18-9302

Xing Lin v. United States

Lower Court: Second Circuit
Docketed: 2019-05-16
Status: GVR
Type: IFP
IFP
Tags: 18-usc-924 appellate-procedure constitutional-challenge criminal-law due-process federal-statute residual-clause sentencing statutory-interpretation void-for-vagueness
Key Terms:
DueProcess
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Is the residual clause at 18 U.S.C. § 924(c)(3)(B) void for vagueness?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is the residual clause at 18 U.S.C. § 924(c)(3)(B) void for vagueness? 2. Should this Court hold petitioner’s case for a ruling in United States v. Davis, 903 F.3d 483 (5' Cir. 2018), cert. granted, 139 S.Ct. 782 (2019) (No. 18-431)? 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.
2019-07-17
Memorandum of respondent United States Government filed.
2019-06-13
Motion to extend the time to file a response is granted and the time is extended to and including July 17, 2019.
2019-06-12
Motion to extend the time to file a response from June 17, 2019 to July 17, 2019, submitted to The Clerk.
2019-05-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2019)

Attorneys

United States Government
Noel J. FranciscoSolicitor General, Respondent
Xing Lin
Megan Wolfe BenettKreindler & Kreindler LLP, Petitioner