No. 18-9360

Lazaro Veliz v. John V. Flournoy, Warden

Lower Court: Eleventh Circuit
Docketed: 2019-05-21
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: 18-usc-924 circuit-split criminal-law criminal-statute due-process first-step-act johnson-v-united-states residual-clause retroactive-application sentencing sentencing-enhancement sessions-v-dimaya statutory-interpretation supreme-court void-for-vagueness
Key Terms:
ERISA DueProcess HabeasCorpus
Latest Conference: 2019-10-11 (distributed 2 times)
Question Presented (AI Summary)

Whether the residual clause in 18 U.S.C. §924(c)(3)(B) is void for vagueness

Question Presented (OCR Extract)

No question identified. : QUESTIONS(S) PRESENTED 1. Whether the residual clause in 18 U.S.C. §924(c)(3)(B) is void for vagueness in light of this Court's decisions in Johnson v. United States, 135 S. Ct. 2251 (2015), and Sessions v. Dimaya, 138 S. Ct. 1204 (2018), a question that has created a split in the court of appeals. 2. Whether Congress Clarification in Section 403 of the First Step Act of 2018, regarding the definition of 18 U.S.C. §924(c)(1)(C), should be deemed to be retroactively applicable to defendants sentenced prior to the Act's clarification where their sentences were impermissibly enhanced. -i

Docket Entries

2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-11
Brief of respondent John V. Flournoy, Warden in opposition filed.
2019-08-06
Motion to extend the time to file a response is granted and the time is further extended to and including September 11, 2019.
2019-08-05
Motion to extend the time to file a response from August 12, 2019 to September 11, 2019, submitted to The Clerk.
2019-07-02
Motion to extend the time to file a response from July 12, 2019 to August 12, 2019, submitted to The Clerk.
2019-07-02
Motion to extend the time to file a response is granted and the time is extended to and including August 12, 2019.
2019-06-12
Response Requested. (Due July 12, 2019)
2019-06-05
DISTRIBUTED for Conference of 6/20/2019.
2019-05-28
Waiver of right of respondent John V. Flournoy, Warden to respond filed.
2019-05-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 20, 2019)

Attorneys

John V. Flournoy, Warden
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Lazaro Veliz
Lazaro Veliz — Petitioner
Lazaro Veliz — Petitioner