No. 19-5908

Howard Leon Combs v. United States

Lower Court: Fifth Circuit
Docketed: 2019-09-11
Status: GVR
Type: IFP
Relisted (4)IFP Experienced Counsel
Tags: acca-elements-clause armed-career-criminal-act circuit-split criminal-law elements-clause physical-force reckless-offense reckless-offenses shular-v-united-states statutory-interpretation texas-aggravated-assault violent-crime
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-06-17 (distributed 4 times)
Question Presented (AI Summary)

Whether Texas aggravated assault involving reckless driving, virus transmission, or flashing strobe images constitutes 'the use, attempted use, or threatened use of physical force against the person of another?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. A person is guilty of Texas aggravated assault if his reckless driving causes another person to suffer injury; if he transmits a virus to an unwitting (but otherwise consenting) sexual partner; or if he sends a flashing strobe image over the internet which causes a victim to suffer a seizure. Do these scenarios involve “the use, attempted use, or threatened use of physical force against the person of another?” 2. Should this case be remanded to the Fifth Circuit for further consideration in light of the forthcoming decision in Shular v. United States, 139 8. Ct. 2773 (2019)?

Docket Entries

2021-07-23
JUDGMENT ISSUED.
2021-06-21
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 <i>Borden</i> v. <i>United States</i>, 593 U. S. ___ (2021).
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2020-02-24
DISTRIBUTED for Conference of 2/28/2020.
2020-02-14
DISTRIBUTED for Conference of 2/21/2020.
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-12
Memorandum of respondent United States of America filed.
2019-10-29
Motion to extend the time to file a response is granted and the time is further extended to and including December 12, 2019.
2019-10-28
Motion to extend the time to file a response from November 12, 2019 to December 12, 2019, submitted to The Clerk.
2019-10-03
Motion to extend the time to file a response is granted and the time is extended to and including November 12, 2019.
2019-10-02
Motion to extend the time to file a response from October 11, 2019 to November 12, 2019, submitted to The Clerk.
2019-09-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 11, 2019)

Attorneys

Howard Leon Combs
James Matthew WrightOffice of the Federal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent