No. 19-1282

Avery Terry v. United States

Lower Court: Fourth Circuit
Docketed: 2020-05-12
Status: Denied
Type: Paid
Response Waived
Tags: 18-usc-924c appeal-waiver constitutional-vagueness crime-of-violence criminal-procedure criminal-procedure-appeal-waiver due-process force-clause hobbs-act hobbs-act-robbery residual-clause sentencing statutory-interpretation unconstitutional-vagueness vagueness-doctrine violent-crime
Key Terms:
DueProcess
Latest Conference: 2020-06-11
Question Presented (AI Summary)

Whether the court of appeals erred in dismissing the appeal pursuant to an invalid appeal waiver

Question Presented (OCR Extract)

QUESTION PRESENTED WHETHER THE COURT OF APPEALS ERRED IN DISMISSING THE APPEAL PURSUANT TO AN INVALID APPEAL WAIVER, AFTER MAKNG ERRONEOUS FINDINGS, OVERLOOKING AND MISAPPREHENDING PRECEDENTIAL LAW, IN AN EFFORT TO CIRCUMVENT THE HOLDING IN DAVIS, THAT THE RESIDUAL CLAUSE OF 18 U.S.C. § 924(¢) IS UNCONSTITUTIONALLY VAGUE, APPLYING THE FORCE CLAUSE OF 924(c) IN ORDER TO FIND THAT HOBBS ACT ROBBERY CONSTITUTES A CRIME OF VIOLENCE.

Docket Entries

2020-06-15
Petition DENIED.
2020-05-26
DISTRIBUTED for Conference of 6/11/2020.
2020-05-18
Waiver of right of respondent United States of America to respond filed.
2020-04-02
Petition for a writ of certiorari filed. (Response due June 11, 2020)

Attorneys

Avery Terry
Linda S. SheffieldAttorney at Law, Petitioner
Linda S. SheffieldAttorney at Law, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent