No. 18-9210

Curtis Solomon v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-05-09
Status: GVR
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: categorical-approach collateral-review constitutional-law crime-of-violence criminal-law due-process residual-clause retroactivity successive-petition vagueness vagueness-doctrine
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-01 (distributed 2 times)
Question Presented (from Petition)

1. If Davis holds § 924(c)(3)(B) is unconstitutionally vague, is that ruling retroactively applicable to cases on collateral review?

2. If Davis reinterprets § 924(c)(3)(B) to require a "conduct-based" approach because the statute is unconstitutionally vague under the categorical approach, does a second or successive § 2255 petition challenging a conviction under the unconstitutional categorical approach "contain . . . a new rule of constitutional law" as required by § 2255(h)(2)?

Question Presented (AI Summary)

Whether the 'crime of violence' definition in 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague

Docket Entries

2019-11-08
JUDGMENT ISSUED.
2019-10-07
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 United States v. Davis, 588 U. S. ___ (2019).
2019-09-12
DISTRIBUTED for Conference of 10/1/2019.
2019-08-28
Response to petition from respondent United States filed.
2019-07-16
Motion to extend the time to file a response is granted and the time is further extended to and including August 28, 2019.
2019-07-15
Motion to extend the time to file a response from July 29, 2019 to August 28, 2019, submitted to The Clerk.
2019-06-19
Motion to extend the time to file a response is granted and the time is extended to and including July 29, 2019.
2019-06-18
Motion to extend the time to file a response from June 27, 2019 to July 29, 2019, submitted to The Clerk.
2019-05-28
Response Requested. (Due June 27, 2019)
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-15
Waiver of right of respondent United States of America to respond filed.
2019-05-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2019)
2019-04-04
Application (18A1018) granted by Justice Thomas extending the time to file until June 7, 2019.
2019-04-01
Application (18A1018) to extend the time to file a petition for a writ of certiorari from April 8, 2019 to June 7, 2019, submitted to Justice Thomas.

Attorneys

Curtis Solomon
Brenda Greenberg BrynFederal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent