No. 19-5312
Kenneth H. Burke, Jr. v. United States
Tags: criminal-law criminal-statute due-process federal-criminal-procedure firearms-offense hobbs-act sentencing-enhancement statutory-interpretation supreme-court-review violent-crime
Key Terms:
HabeasCorpus
HabeasCorpus
Latest Conference:
2019-11-01
Question Presented (AI Summary)
Whether Mr. Burke's § 924(c) conviction is invalid in light of United States v. Davis
Question Presented (OCR Extract)
QUESTION PRESENTED Mr. Burke was convicted of knowingly carrying a firearm during and in relation to a “crime of violence,” in violation of 18 U.S.C. § 924(c). The “crime of violence” underlying his § 924(c) conviction was, presumably, conspiracy to commit Hobbs Act robbery, in violation of 18 U.S.C. § 1951/(a). The question presented is whether Mr. Burke’s § 924(c) conviction is invalid in light of this Court’s recent decision in United States v. Davis, 139 S. Ct. 2319 (2019). i
Docket Entries
2019-11-04
Petition DENIED.
2019-10-17
Reply of petitioner KENNETH H. BURKE, JR. filed.(Distributed)
2019-10-10
DISTRIBUTED for Conference of 11/1/2019.
2019-09-23
Memorandum of respondent United States filed.
2019-08-14
Motion to extend the time to file a response is granted and the time is extended to and including September 23, 2019.
2019-08-13
Motion to extend the time to file a response from August 23, 2019 to September 23, 2019, submitted to The Clerk.
2019-07-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 23, 2019)
2019-04-24
Application (18A1089) granted by Justice Thomas extending the time to file until July 19, 2019.
2019-04-12
Application (18A1089) to extend the time to file a petition for a writ of certiorari from May 20, 2019 to July 19, 2019, submitted to Justice Thomas.
Attorneys
KENNETH H. BURKE, JR.
UNITED STATES OF AMERICA
Noel J. Francisco — Solicitor General, Respondent