No. 19-5392
Kurt J. Myrie v. United States
Tags: 18-usc-371 18-usc-924c crime-of-violence criminal-procedure criminal-procedure-retroactivity due-process federal-conspiracy retroactivity violent-crime
Key Terms:
DueProcess FifthAmendment HabeasCorpus
DueProcess FifthAmendment HabeasCorpus
Latest Conference:
2019-11-01
Question Presented (from Petition)
1. Does this Court's ruling in United States v. Davis, 139 S. Ct. 2319 (2019), striking as unconstitutionally vague the residual clause of 18 U.S.C. § 924(c)(3)(B), apply retroactively to defendants raising motions to vacate their § 924(c) convictions and sentences under 28 U.S.C. § 2255?
2. Can a conviction under 18 U.S.C. § 924(c) stand where the predicate offense is federal conspiracy under 18 U.S.C. § 371, which no longer qualifies as a crime of violence?
Question Presented (AI Summary)
Does the ruling in United States v. Davis apply retroactively to defendants raising motions to vacate their § 924(c) convictions?
Docket Entries
2019-11-04
Petition DENIED.
2019-10-17
DISTRIBUTED for Conference of 11/1/2019.
2019-10-10
Reply of petitioner Kurt J. Myrie filed.
2019-09-30
Memorandum of respondent United States filed.
2019-08-21
Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2019.
2019-08-20
Motion to extend the time to file a response from August 29, 2019 to September 30, 2019, submitted to The Clerk.
2019-07-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 29, 2019)
2019-05-29
Application (18A1226) granted by Justice Kagan extending the time to file until July 27, 2019.
2019-05-23
Application (18A1226) to extend the time to file a petition for a writ of certiorari from May 28, 2019 to July 27, 2019, submitted to Justice Kagan.
Attorneys
Kurt J. Myrie
Wendi L. Overmyer — Office of the Federal Public Defender, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent