No. 22-5451

John That Luong v. United States

Lower Court: Ninth Circuit
Docketed: 2022-08-29
Status: Denied
Type: IFP
IFP
Tags: and remand for further proceedings in light of Ta vacate the Ninth Circuit's judgment 18-usc-924c constitutional-vagueness crime-of-violence davis-v-united-states hobbs-act hobbs-act-robbery johnson-v-united-states ninth-circuit section-2255 section-924(c) section-924c taylor-v-united-states united-states-v-davis united-states-v-taylor writ-of-certiorari
Key Terms:
HabeasCorpus
Latest Conference: 2022-12-02
Question Presented (AI Summary)

Whether the Court should grant Luong's petition for a writ of certiorari, vacate the Ninth Circuit's judgment, and remand for further proceedings in light of Taylor

Question Presented (OCR Extract)

QUESTION PRESENTED Petitioner John Luong filed a 28 U.S.C. § 2255 motion, arguing that the statute underlying his convictions for possessing a firearm in furtherance of a crime of violence, 18 U.S.C. § 924(c), was unconstitutionally vague under this Court’s decisions in Johnson v. United States, 576 U.S. 591 (2015), and United States v. Davis, 139 S. Ct. 2319 (2019). The district court and Ninth Circuit rejected Luong’s arguments, concluding that his predicate offense supporting his section 924(c) Hobbs Act robbery, in violation of 18 U.S.C. § 1951—was a crime of violence under section 924()’s elements clause. The Ninth Circuit relied solely on its prior decision in United States v. Dominguez, 954 F.3d 1251 (9th Cir. 2020), to reach this conclusion. But this Court later issued an order in Dominguez that granted certiorari, vacated the Ninth Circuit’s judgment, and remanded in light of United States v. Taylor, 142 S. Ct. 2015 (2022). See Dominguez v. United States, 142 S. Ct. 2857 (2022). And the Ninth Circuit has since remanded Dominguez back to the district court, leaving the Dominguez opinion vacated. The question presented is: Whether the Court should grant Luong’s petition for a writ of certiorari, vacate the Ninth Circuit’s judgment, and remand for further proceedings in light of Taylor. i

Docket Entries

2022-12-05
Petition DENIED.
2022-11-16
DISTRIBUTED for Conference of 12/2/2022.
2022-11-08
Reply of petitioner John That Luong filed.
2022-10-28
Memorandum of respondent United States in opposition filed.
2022-09-19
Motion to extend the time to file a response is granted and the time is extended to and including October 28, 2022.
2022-09-16
Motion to extend the time to file a response from September 28, 2022 to October 28, 2022, submitted to The Clerk.
2022-08-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2022)

Attorneys

John That Luong
Todd Michael BordenOffice of the Federal Public Defender, Petitioner
Todd Michael BordenOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent