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United States v. Clifford Raymond Salas

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 16-2170 · judgment May 4, 2018

Certiorari denied · June 28, 2019
Pre-decision estimate: 36% cert probability (95% interval 24%–49%)

Before the decision, about 8.6× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a circuit split argued in the petition.

Question presented

Whether the subsection-specific definition of “crime of violence” in 18 U.S.C. 924(c)(3)(B), which applies only in the limited context of a federal criminal prosecution for possessing, using, or carrying a firearm in connection with acts comprising such a crime, is unconstitutionally vague. (I)

Counsel of record

For petitioner
Noel John Francisco
Jones Day

For respondent
Howard A. Pincus
Fed Pub. Def. for Dist. CO &WY

Case

Conference history
Distributed for 2 conferences

Linked docket
18A152

Proceedings

  1. Jun 28 2019
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED. Justice Gorsuch took no part in the consideration or decision of this motion.
  2. Jun 28 2019
    Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
  3. Jun 26 2019
    DISTRIBUTED for Conference of 6/27/2019.
  4. Dec 19 2018
    DISTRIBUTED for Conference of 1/4/2019.
  5. Dec 19 2018
    Reply of petitioner United States filed. (Distributed)
  6. Dec 14 2018
    Letter waiving the 14-day waiting period under Rule 15.5 filed.
  7. Dec 07 2018
    Motion for leave to proceed in forma pauperis filed by respondent Clifford Raymond Salas.
  8. Dec 06 2018
    Brief of respondent Clifford Raymond Salas in opposition filed.
  9. Dec 04 2018
    Motion to extend the time to file a response is granted in part; the time is extended to and including December 6, 2018.
  10. Nov 30 2018
    Motion to extend the time to file a response from December 3, 2018 to December 10, 2018, submitted to The Clerk.
  11. Oct 29 2018
    Motion to extend the time to file a response is granted and the time is extended to and including December 3, 2018.
  12. Oct 25 2018
    Motion to extend the time to file a response from November 2, 2018 to December 3, 2018, submitted to The Clerk.
  13. Oct 03 2018
    Petition for a writ of certiorari filed. (Response due November 2, 2018)
  14. Sep 07 2018
    Application (18A152) granted by Justice Sotomayor extending the time to file until October 19, 2018.
  15. Sep 06 2018
    Application (18A152) to extend further the time from September 20, 2018 to October 19, 2018, submitted to Justice Sotomayor.
    Written RequestProof of Service
  16. Aug 10 2018
    Application (18A152) granted by Justice Sotomayor extending the time to file until September 20, 2018.
  17. Aug 09 2018
    Application (18A152) to extend the time to file a petition for a writ of certiorari from August 21, 2018 to September 20, 2018, submitted to Justice Sotomayor.
    Main DocumentProof of Service