No. 20-7280

Michael Dewayne Vickers v. United States

Lower Court: Fifth Circuit
Docketed: 2021-03-01
Status: GVR
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: armed-career-criminal-act circuit-split due-process federal-courts felony-murder physical-force state-court-interpretation statutory-interpretation violent-felony
Key Terms:
HabeasCorpus
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (AI Summary)

Whether a federal court is bound by a state supreme court's interpretation of a statute of conviction for Armed Career Criminal Act purposes

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a federal court analyzing a prior state-court conviction to determine whether the offense qualifies as a “violent felony” under the Armed Career Criminal Act, 18 U.S.C. § 924¢(e), is bound by a state supreme court’s authoritative interpretation of the statute of conviction even if the interpretation was announced after the defendant’s conviction. 2. Whether Texas felony murder—committing “an act clearly dangerous to human life that causes the death of an individual” during the course of a felony—‘has as an element the use, attempted use, or threatened use of physical force against the person of another,” 18 U.S.C. § 924(e)(2)(B)(). 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.
2021-05-19
DISTRIBUTED for Conference of 6/3/2021.
2021-04-30
Memorandum of respondent United States of America filed.
2021-03-25
Motion to extend the time to file a response is granted and the time is extended to and including April 30, 2021.
2021-03-24
Motion to extend the time to file a response from March 31, 2021 to April 30, 2021, submitted to The Clerk.
2021-02-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 31, 2021)

Attorneys

Michael Dewayne Vickers
James Matthew WrightOffice of the Federal Public Defender, Petitioner
James Matthew WrightOffice of the Federal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent