No. 18-5061

Travis Horne v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-06-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-16b 18-usc-924c appealability circuit-split constitutional-vagueness criminal-law criminal-law-procedure criminal-statute due-process force-definition johnson-v-united-states residual-clause sessions-v-dimaya vagueness vagueness-doctrine violent-crime
Key Terms:
HabeasCorpus Securities
Latest Conference: 2018-09-24
Question Presented (from Petition)

Whether § 924(c)'s residual clause, 18 U.S.C. § 924(c)(3)(B), is unconstitutionally vague after Johnson v. United States, 135 S. Ct. 2551 (2015) (Samuel Johnson), and Sessions v. Dimaya, _ U.S. —, 138 S. Ct. 1204 (2018).

Whether carjacking (18 U.S.C. § 2119), which may be committed by intimidation alone, has as an element "the use . . . of physical force against the person or property of another," under 18 U.S.C. § 924(c)(3)(A).

Whether the Eleventh Circuit's rule that reasonable jurists could not debate an issue foreclosed by binding circuit precedent misapplies the standard articulated by this Court in Miller-El v. Cockrell, 537 U.S. 322, 336–38 (2003), and more recently in Buck v. Davis, 137 S. Ct. 759, 773–74 (2017), for determining whether a movant has made the threshold showing necessary to obtain a certificate of appealability (COA).

Question Presented (AI Summary)

Whether § 924(c)'s residual clause, 18 U.S.C. § 924(c)(3)(B), is unconstitutionally vague after Johnson v. United States, 1385 S. Ct. 2551 (2015) and Sessions v. Dimaya, ___ U.S. __, 188 8. Ct. 1204 (2018)

Docket Entries

2018-10-01
Petition DENIED.
2018-07-12
DISTRIBUTED for Conference of 9/24/2018.
2018-07-10
Waiver of right of respondent United States to respond filed.
2018-06-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 30, 2018)

Attorneys

Travis Horne
Abigail Emily BeckerFederal Public Defender, Southern District of Florida, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent