No. 20-7984

Eddie Lamont Lipscomb v. United States

Lower Court: Fifth Circuit
Docketed: 2021-05-11
Status: GVR
Type: IFP
IFP Experienced Counsel
Tags: armed-career-criminal-act circuit-split civil-rights due-process physical-contact physical-force robbery texas-penal-code use-of-force violent-felony
Key Terms:
HabeasCorpus Privacy
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether Texas simple robbery remains a violent felony

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether simple robbery under Texas Penal Code § 29.02 remains a “violent felony” without the Armed Career Criminal Act’s unconstitutional residual clause, 18 U.S.C. § 924(e)(2)(B)(ii). 2. Whether burglary under Texas Penal Code § 30.02 remains a violent felony without the Armed Career Criminal Act’s unconstitutional residual clause. i

Docket Entries

2021-10-18
JUDGMENT ISSUED.
2021-10-13
UPON CONSIDERATION of the application of counsel for the applicant, IT IS ORDERED that the order of this Court and a certified copy of the judgment shall issue to the United States Court of Appeals for the Fifth Circuit three days after the entry of this order.
2021-10-04
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).
2021-10-04
Application (21A54) to issue the judgment forthwith, submitted to Justice Alito.
2021-07-29
DISTRIBUTED for Conference of 9/27/2021.
2021-07-12
Memorandum of respondent United States filed.
2021-06-03
Motion to extend the time to file a response is granted and the time is extended to and including July 12, 2021.
2021-06-02
Motion to extend the time to file a response from June 10, 2021 to July 12, 2021, submitted to The Clerk.
2021-05-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2021)

Attorneys

Eddie Lamont Lipscomb
James Matthew WrightOffice of the Federal Public Defender, Petitioner
James Matthew WrightOffice of the Federal Public Defender, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent