No. 19-6186

Latroy Leon Burris v. United States

Lower Court: Fifth Circuit
Docketed: 2019-10-07
Status: GVR
Type: IFP
Relisted (4)IFP Experienced Counsel
Tags: armed-career-criminal-act circuit-split fair-warning physical-force reckless-injury statutory-interpretation
Key Terms:
DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference: 2021-06-17 (distributed 4 times)
Question Presented (AI Summary)

Does recklessly causing another person to suffer injury necessarily involve the 'use of physical force against' that person for purposes of the Armed Career Criminal Act, 18 U.S.C. 924(e)?

Question Presented (OCR Extract)

QUESTIONS PRESENTED (1) Does recklessly causing another person to suffer injury necessarily involve the “use of physical force against” that person for purposes of the Armed Career Criminal Act, 18 U.S.C. 924(e)? (2) Given that precedent in the Fifth Circuit (and most others) squarely foreclosed any application of ACCA as of the date of the offense, did the statute—as construed by federal courts—provide fair warning that the enhancement would apply? i

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.
2020-01-28
Supplemental brief of petitioner Latroy Leon Burris filed.
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
2019-12-06
Memorandum of respondent United States of America filed.
2019-11-04
Motion to extend the time to file a response is granted and the time is extended to and including December 6, 2019.
2019-10-31
Motion to extend the time to file a response from November 6, 2019 to December 6, 2019, submitted to The Clerk.
2019-10-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 6, 2019)
2019-08-19
Application (19A190) granted by Justice Alito extending the time to file until October 3, 2019.
2019-08-15
Application (19A190) to extend the time to file a petition for a writ of certiorari from September 2, 2019 to November 1, 2019, submitted to Justice Alito.

Attorneys

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