No. 21-5758

Bobby Martin v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-09-22
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: civil-rights constitutional-law constitutional-vagueness conviction-review criminal-procedure due-process federal-law harmless-error statutory-interpretation supreme-court
Latest Conference: 2021-11-05
Question Presented (from Petition)

Whether a conviction under 18 U.S.C. § 924(c)(1)(A), that was obtained in reliance on the unconstitutionally vague residual clause invalidated in United States v Davis, 139 S.Ct. 2319 (2019), may be sustained based on the reviewing court's finding that the jury additionally relied on one or more valid bases to convict.

Question Presented (AI Summary)

Whether a conviction under 18 U.S.C. § 924(c)(1)(A) that was obtained in reliance on the unconstitutionally vague residual clause may be sustained based on the reviewing court's finding that the jury additionally relied on one or more valid bases to convict

Docket Entries

2021-11-08
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2021-10-21
DISTRIBUTED for Conference of 11/5/2021.
2021-10-13
Waiver of right of respondent United States to respond filed.
2021-09-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 22, 2021)

Attorneys

Bobby Martin
Tracy M. DreispulFederal Public Defender Southern District of Florida, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent