No. 19-5804

Jesse Lewis v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-09-04
Status: GVR
Type: IFP
IFP
Tags: appellate-review constitutional-law criminal-law due-process federal-statute remand statutory-interpretation supreme-court-precedent united-states-v-davis vagueness vagueness-doctrine
Key Terms:
SocialSecurity FourthAmendment Immigration JusticiabilityDoctri
Latest Conference: 2019-12-06
Question Presented (AI Summary)

Whether the appellate court's reliance on the unconstitutionally vague definition of 'crime of violence' in 18 U.S.C. § 924(c)(3)(B) requires remand for further consideration in light of United States v. Davis

Question Presented (OCR Extract)

QUESTION PRESENTED In United States v. Davis, 139 S. Ct. 2319 (2019), this Court held that 18 U.S.C. § 924(c)(3)(B), which defines “crime of violence,” is unconstitutionally vague. In affirming Petitioner’s conviction for violating 18 U.S.C. § 924(c), the appellate court relied on the unconstitutionally vague definition in § 924(c)(3)(B). Where the appellate court affirmed Petitioner’s conviction in reliance on the unconstitutional statute, should this case be remanded to the appellate court for further consideration in light of Davis? i INTERESTED PARTIES The are no parties interested in the proceeding other than those named in the caption of the appellate decision. ii

Docket Entries

2020-01-10
JUDGMENT ISSUED.
2019-12-09
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of United States v. Davis, 588 U. S. ___ (2019).
2019-11-21
DISTRIBUTED for Conference of 12/6/2019.
2019-11-04
Memorandum of respondent United States filed.
2019-09-25
Motion to extend the time to file a response from October 4, 2019 to November 4, 2019, submitted to The Clerk.
2019-09-25
Motion to extend the time to file a response is granted and the time is extended to and including November 4, 2019.
2019-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 4, 2019)

Attorneys

Jesse Lewis
Jacqueline Esther Shapiro — Petitioner
Jacqueline Esther Shapiro — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent