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United States v. Maurice Lamont Davis and Andre Levon Glover

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 16-10330 · judgment September 7, 2018

Decided · June 24, 2019
Pre-decision estimate: 79% cert probability (95% interval 70%–86%)

Before the decision, about 19.1× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a petition filed soon after the judgment below, and counsel who has won certiorari before.

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. THE MOTION FOR APPOINTMENT OF COUNSEL IS GRANTED, AND J. JOSEPH MONGARAS, ESQ., OF DALLAS, TEXAS, IS APPOINTED TO SERVE AS COUNSEL FOR RESPONDENT ANDRE L. GLOVER.

Counsel of record

For petitioner
Noel John Francisco
Jones Day

For respondent
Brandon Elliott Beck
Brandon Beck Law

Case

Conference history
Distributed for 2 conferences

Amicus briefs
3 merits
(3 respondent)

Argument & decision

Argued April 17, 2019 — Eric J. Feigin · Brandon E. Beck. Audio and transcript

Decided June 24, 2019. Opinion by Gorsuch.

Proceedings

  1. Jul 26 2019
    JUDGMENT ISSUED.
  2. Jun 24 2019
    Adjudged to be AFFIRMED IN PART, VACATED IN PART, and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Kavanaugh, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined, and in which Roberts, C. J., joined as to all but Part II–C.
  3. May 13 2019
    Motion to appoint counsel GRANTED, and J. Joseph Mongaras, Esq., of Dallas, Texas, is appointed to serve as counsel for respondent Andre L. Glover.
  4. Apr 17 2019
    Argued. For petitioner: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Brandon E. Beck, Assistant Federal Public Defender, Lubbock, Tex.
  5. Apr 17 2019
    Motion DISTRIBUTED for Conference of 5/9/2019.
  6. Apr 05 2019
    Reply of petitioner United States filed. (Distributed)
  7. Apr 05 2019
    Motion to appoint counsel filed by respondent Andre Levon Glover.
  8. Mar 21 2019
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
  9. Mar 21 2019
    Record requested from the U.S.C.A. 5th Circuit.
  10. Mar 21 2019
    Brief amicus curiae of FAMM filed. (Distributed)
  11. Mar 21 2019
    Brief amicus curiae of National Association of Federal Defenders filed. (Distributed)
  12. Mar 20 2019
    CIRCULATED
  13. Mar 14 2019
    Brief of Maurice Lamont Davis, et al. not accepted for filing. (Corrected brief submitted.) (March 18, 2019)
  14. Mar 14 2019
    Brief of respondents Maurice Lamont Davis, et al. filed.
  15. Feb 19 2019
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  16. Feb 12 2019
    Brief of petitioner United States filed.
  17. Feb 11 2019
    SET FOR ARGUMENT on Wednesday, April 17, 2019
  18. Jan 29 2019
    Motion to dispense with printing the joint appendix filed by petitioner United States.
  19. Jan 04 2019
    Motion for leave to proceed in forma pauperis filed by respondent Maurice Lamont Davis GRANTED.
  20. Jan 04 2019
    Motion for leave to proceed in forma pauperis filed by respondent Andre Levon Glover GRANTED.
  21. Jan 04 2019
    Petition GRANTED.
  22. Dec 19 2018
    DISTRIBUTED for Conference of 1/4/2019.
  23. Dec 19 2018
    Reply of petitioner United States filed. (Distributed)
  24. Dec 03 2018
    Motion for leave to proceed in forma pauperis filed by respondent Maurice Lamont Davis.
  25. Nov 30 2018
    Brief of respondent Andre Levon Glover in opposition filed.
  26. Nov 30 2018
    Motion for leave to proceed in forma pauperis filed by respondent Andre Levon Glover.
  27. Nov 30 2018
    Brief of respondent Maurice Lamont Davis in opposition filed.
  28. Nov 05 2018
    Motion to extend the time to file a response is granted and the time is extended to and including December 3, 2018.
  29. Nov 01 2018
    Motion to extend the time to file a response from November 2, 2018 to December 3, 2018, submitted to The Clerk.
  30. Oct 25 2018
    Motion to extend the time to file a response is granted and the time is extended to and including December 3, 2018.
  31. Oct 22 2018
    Motion to extend the time to file a response from November 2, 2018 to December 3, 2018, submitted to The Clerk.
  32. Oct 16 2018
    Letter of October 16, 2018 from the Solicitor General filed.
  33. Oct 03 2018
    Petition for a writ of certiorari filed. (Response due November 2, 2018)