No. 19-5401

Thomas Lewis v. United States

Lower Court: Ninth Circuit
Docketed: 2019-07-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-371 18-usc-924c ambiguous-record circuit-split crime-of-violence criminal-law criminal-procedure-retroactivity due-process federal-conspiracy mandatory-sentencing retroactive-invalidation retroactivity sentencing statutory-interpretation united-states-v-davis
Key Terms:
DueProcess FifthAmendment HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Does this Court's ruling in United States v. Davis, 139 S. Ct. 2319 (2019) apply retroactively to defendant's raising motions to vacate their sentences under 28 U.S.C. § 2255?

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 defendant’s raising motions to vacate their sentences under 28 U.S.C. § 2255? 2. In cases with an ambiguous record as to the predicate crime of violence, can a conviction under 18 U.S.C. § 924(c) stand where one of the possible predicates—federal conspiracy under 18 U.S.C. § 371—no longer qualifies as a crime of violence? ii

Docket Entries

2019-10-07
Petition DENIED.
2019-08-15
DISTRIBUTED for Conference of 10/1/2019.
2019-08-08
Waiver of right of respondent United States of America to respond filed.
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

Thomas Lewis and Derrick Young
Cristen ThayerFederal Public Defender, Petitioner
Cristen ThayerFederal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent