No. 18-9360
Lazaro Veliz v. John V. Flournoy, Warden
Response RequestedResponse WaivedRelisted (2)IFP
Tags: 18-usc-924 circuit-split criminal-law criminal-statute due-process first-step-act johnson-v-united-states residual-clause retroactive-application sentencing sentencing-enhancement sessions-v-dimaya statutory-interpretation supreme-court void-for-vagueness
Latest Conference:
2019-10-11
(distributed 2 times)
Question Presented (from Petition)
1. Whether the residual clause in 18 u.s.c. $924(c)(3)(B) is void for vagueness in light of this Court's decisions in Johnson v. United States, 135 S. Ct. 2251 (2015), and Sessions v. Dimaya, 138 S. Ct. 1204 (2018), a question that has created a split in the court of appeals.
2. Whether Congress Clarification in Section 403 of the First Step Act of 2018, regarding the definition of 18 U.S.C. $924(c)(1)(C), should be deemed to clarification where their sentences were impermissibly enhanced.
Question Presented (AI Summary)
Whether the residual clause in 18 U.S.C. §924(c)(3)(B) is void for vagueness
Docket Entries
2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-11
Brief of respondent John V. Flournoy, Warden in opposition filed.
2019-08-06
Motion to extend the time to file a response is granted and the time is further extended to and including September 11, 2019.
2019-08-05
Motion to extend the time to file a response from August 12, 2019 to September 11, 2019, submitted to The Clerk.
2019-07-02
Motion to extend the time to file a response from July 12, 2019 to August 12, 2019, submitted to The Clerk.
2019-07-02
Motion to extend the time to file a response is granted and the time is extended to and including August 12, 2019.
2019-06-12
Response Requested. (Due July 12, 2019)
2019-06-05
DISTRIBUTED for Conference of 6/20/2019.
2019-05-28
Waiver of right of respondent John V. Flournoy, Warden to respond filed.
2019-05-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 20, 2019)
Attorneys
John V. Flournoy, Warden
Noel J. Francisco — Solicitor General, Respondent
Lazaro Veliz
Lazaro Veliz — Petitioner