No. 19-5392
Kurt J. Myrie v. United States
Tags: 18-usc-371 18-usc-924c crime-of-violence criminal-procedure criminal-procedure-retroactivity due-process federal-conspiracy retroactivity violent-crime
Key Terms:
DueProcess FifthAmendment HabeasCorpus
DueProcess FifthAmendment HabeasCorpus
Latest Conference:
2019-11-01
Question Presented (AI Summary)
Does the ruling in United States v. Davis apply retroactively to defendants raising motions to vacate their § 924(c) convictions?
Question Presented (OCR Extract)
Questions Presented For Review 1. Does this Court’s ruling in United States v. Davis, 139 8. Ct. 2319 (2019), striking as unconstitutionally vague the residual clause of 18 U.S.C. § 924(c)(3)(B), apply retroactively to defendants raising motions to vacate their § 924(c) convictions and sentences under 28 U.S.C. § 2255? 2. Can a conviction under 18 U.S.C. § 924(c) stand where the predicate offense is federal conspiracy under 18 U.S.C. § 371, which no longer qualifies as a crime of violence? ii
Docket Entries
2019-11-04
Petition DENIED.
2019-10-17
DISTRIBUTED for Conference of 11/1/2019.
2019-10-10
Reply of petitioner Kurt J. Myrie filed.
2019-09-30
Memorandum of respondent United States filed.
2019-08-21
Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2019.
2019-08-20
Motion to extend the time to file a response from August 29, 2019 to September 30, 2019, submitted to The Clerk.
2019-07-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 29, 2019)
2019-05-29
Application (18A1226) granted by Justice Kagan extending the time to file until July 27, 2019.
2019-05-23
Application (18A1226) to extend the time to file a petition for a writ of certiorari from May 28, 2019 to July 27, 2019, submitted to Justice Kagan.
Attorneys
Kurt J. Myrie
Wendi L. Overmyer — Office of the Federal Public Defender, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent