No. 19-7217

Rickey Thompson v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-01-08
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: crime-of-violence criminal-law criminal-sentencing due-process elements-clause firearms johnson-davis-doctrine johnson-v-united-states mandatory-minimum second-degree-murder statutory-interpretation united-states-v-davis vagueness vagueness-doctrine
Key Terms:
HabeasCorpus
Latest Conference: 2020-05-15 (distributed 2 times)
Question Presented (AI Summary)

Whether the residual clause of 18 U.S.C. § 924(c)(8) is unconstitutionally vague

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Federal law, 18 U.S.C. § 924(c), criminalizes using a firearm during and in relation to a crime of violence. A first conviction carries a five-year mandatory minimum penalty, while a second conviction carries an additional 25-year mandatory minimum. This petition presents the following questions: L. Whether the residual clause of 18 U.S.C. § 924(c)(8) is unconstitutionally vague pursuant to Johnson v. United States, 135 S. Ct. 2551 (2015), and United States v. Davis, 139 S. Ct. 2319 (2019), and thus, whether appellant, Mr. Rickey Thompson, is actually innocent of his conviction and sentence imposed pursuant to 18 U.S.C. § 924(c)? Il. Whether federal second-degree murder, 18 U.S.C. § 1, fails to qualify as a “crime of violence” under the elements clause of § 92.4(c)(3)(A) because it does not contain as an element “the use, attempted use, or threatened use of physical force against the person or property of another.”? i INTERESTED PARTIES There are no

Docket Entries

2020-05-18
Petition DENIED.
2020-04-29
DISTRIBUTED for Conference of 5/15/2020.
2020-04-22
Reply of petitioner Rickey Thompson filed. (Distributed)
2020-04-10
Brief of respondent United States of America in opposition filed.
2020-04-06
Motion to extend the time to file a response is granted and the time is further extended to and including April 10, 2020.
2020-04-03
Motion to extend the time to file a response from April 6, 2020 to April 10, 2020, submitted to The Clerk.
2020-02-26
Motion to extend the time to file a response is granted and the time is extended to and including April 6, 2020.
2020-02-25
Motion to extend the time to file a response from March 6, 2020 to April 6, 2020, submitted to The Clerk.
2020-02-05
Response Requested. (Due March 6, 2020)
2020-01-23
DISTRIBUTED for Conference of 2/21/2020.
2020-01-14
Waiver of right of respondent United States of America to respond filed.
2019-11-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 7, 2020)

Attorneys

Rickey Thompson
Bernardo LopezFederal Public Defender, Petitioner
Bernardo LopezFederal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent